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CA SURAJ AGRAWAL
Hope this Question Bank serves the purpose of the students. I shall be thankful to the
readers for their suggestions, criticism and feedback if any.
All the questions are updated as per current law applicable for exam.
ACKNOWLEDGEMENT
This Question Bank is a result of sincere efforts of our family members, colleagues,
associates, well-wishers and students, whose contribution cannot go unacknowledged.
Master Reyaan, my wife CA Monika Agrawal and my mother deserve special mention
for the time (on which they had the first right) they allowed me for this book.
CA Suraj Agrawal
Updated 7th Edition for May 2021 Exam
Dated 15.03.2021 – 1st Print
Besides CA, he has completed Certification Course of International Taxation of the ICAI in
2009. He has also qualified CPA (Certified Public Accountant) examination from AICPA
(USA) in 2009 with more than 90 Marks in each of four papers in First Attempt [Presently, he is
inspired to complete CIMA, London as well as LLM in International Taxation (UK) by Year
2024]
He has started his career by joining Direct Tax Department of Reliance Industries Limited,
Mumbai and worked for near 2 years in core tax team. He has also worked in Taxation Division
of Chaturvedi & Shah (Chartered Accountants), Delhi followed by Tax Division of Ernst &
Young, Gurgaon, India (A Leading Big 4 Firm having International Presence). During the
working tenure of more than 4 years, he is exposed to in-depth theoretical and practical
knowledge of Direct Taxation & has a consultancy exposure in various industries including
Energy - Oil & Gas, Airlines, Retail, Infrastructure and Shipping Industries.
With the above academic and practical knowledge, he is in teaching profession since 2010 to
serve professional students (taught 15,000 CA/CMAs Students till date). His in-depth
coverage of legal provisions in Tax with practical approach is very well recognized
among the students. He is also an associate member of ICAI and is also providing services as
Tax Consultant to various organisations.
He was also a member in WTO, FEMA & International Tax Study Group of the NIRC of the
ICAI for the year 2011-12 and was member of International Taxation & FEMA Research
Study Group of NIRC of the ICAI for the year 2010-11. He is regularly contributing tax articles
and various opinions on subjects of Direct Taxation including International Taxation in various
leading magazines [Taxmann] and professional forums.
CA Suraj Agrawal
“CA Rank Holder, Qualified CPA (USA), B.Com(H)”
Email: [email protected]
Contact: +91 85272 30445 / 011 4754 2530
Subjects: CA Inter / CMA Inter / CMA Final - DT & IDT
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CONGRATULATIONS
CA INTERMEDIATE/IPCC RESULT AT SATC
Students Successfully Completed Group 1 or Both Group (RESULT FROM MAY 2018)
S.NO NAME ROLL NUMBER MARKS IN TAX
1 KUNAL AGGARWAL (NOV 2019 EXAM) 623158 81
MEGHA KUMARI SINGHAL
2 (All India Rank - 13th) 341001 77
3 VAIBHAV SAINI 817284 70
4 OSIM AKHTAR 328098 70
5 JAI PRAKASH GUPTA 523034 70
6 RAGHAV MANGLA 651375 69
7 PUNEET 325987 67
8 ATUL VISHVAKARMA 522810 67
9 SUJIT KUMAR SHAH 508842 65
10 SURYANSH RASTOGI 804115 65
11 SAMIKSHA PANDEY 637869 65
12 RAJNISH PANDEY 345099 64
13 FATIMA 635666 64
14 SUNIL KUMAR 635526 64
15 VARUN MUNJAL 729537 64
16 MUSKAN MOURYA 336951 63
17 MUDASSIR 815904 63
18 NAVENDU SHARMA 815548 63
19 RITIKA 63
20 SHUBHAM GUPTA 343489 62
21 AKASH KUMAR 815849 62
22 DEVENDER 635594 62
23 ABHISHEK PANT 328056 62
24 KISHAN 520305 62
25 PRATEEK GUPTA 399180 62
26 MEENAKSHI JAIN 624144 62
27 RAJAN KUMAR PANDEY 624360 62
28 PRINCE TYAGI 344697 61
29 POOLKIT 815940 61
30 NIRAJ KR SINGH 636316 61
31 RAHUL SINGH 635669 61
32 KHUSHBOO BANSAL 620832 61
33 SALMAN AHMED 326069 60
34 NURUL HUDA 626749 59
35 PARAS KHURANA 813333 58
36 SANJAY KHADKA 520344 58
37 ROHIT KUMAR 621051 58
38 NIDHI UTREJA 352431 57
39 PRABIN GUPTA 344472 57
40 VIKASH KUMAR 336504 57
41 MUNNA KUMAR KAPOOR 343467 57
42 AJAY KUMAR 639946 57
43 FAISAL SAHID 639261 57
44 SONALI 623685 57
45 ANJAN KUMAR BHARTIA 344271 56
46 RADHIKA MODI 510990 56
VINEET KUMAR
47 (All India Rank 36) 337925 56
48 DEEPANSHU GUPTA 346496 56
49 RAJAT GOYAL 814758 55
50 SUPRIYA CHAUHAN 330769 55
51 SEJAL 624571 55
52 PRAMOD KUMAR 431053 54
53 DIKSHA AGRAWAL 635923 54
54 FAIZ 328101 54
55 ASHUTOSH DIXIT 344503 53
56 ABHISHEK AWASTHI 339998 53
57 LALIT MOHAN JOSHI 816589 53
58 AMBIKA GARG 816052 53
59 AGAMLEEN KAUR 509284 52
60 SIDDHARTH JOSHI 344311 52
61 NIRAJAN KUMAR SHAH 346548 52
62 VIVEK KUMAR 346220 51
63 LAV KUMAR PATHAK 345956 51
64 VANSHIKA JAIN 623880 50
65 KUNAL GARG 343966 49
66 PRAKHAR GARG 346213 49
67 RIYA BHALLA 424268 49
68 KAMLESH MEHRA 636192 49
69 ADITYA KR JHA 643454 49
70 KRITI AWASTHI 341017 48
71 DEEPAK TIWARI 346638 48
72 RAJNISH DUBEY 330946 47
73 AMIT 522505 47
74 AMAN BANSAL 501643 46
75 RAVI KUMAR 525661 46
76 NISHITA JALAN 623633 46
77 KAMAL PRAJAPATI 360459 44
78 MANISH JAIN 624395 44
79 JAI KUMAR 816631 43
80 ATUL YADAV 674136 43
1. Mr. Mandeep, a registered dealer, is doing building material business in the State of Assam. He
availed architect services for his business from his friend in London free of cost. He also availed
designing services from his brother in London for ` 5 Lakhs for his personal purposes.
He availed services which are liable to tax under reverse charge for which date of invoice was
01.09.20XX, payment date as per his books of account and as per his bank account was 15.11.20XX
and 18.11.20XX respectively.
He intends to start providing services also from the next financial year and also to avail composition
scheme. He also wishes to make supplies to the Government.
Based on the information given above, choose the most appropriate answer for the following
questions:-
A. In respect of services imported by Mr. Mandeep, which of the following is a correct statement?
(i) Architect services for his business from his friend in London free of cost is considered as a
supply
(ii) Designing services from his brother in London for ` 5 Lakh for his personal purposes is
considered as a supply.
(iii) Architect services for his business from his friend in London free of cost is not considered
as a supply
(iv) Designing services from his brother in London for ` 5 Lakh for his personal purposes is not
considered as a supply.
(a) i & ii
(b) i & iv
(c) ii & iii
(d) iii & iv
B. The time of supply of services, received by him and taxable under reverse charge, is
(a) 01.09.20XX
(b) 01.11.20XX
(c) 15.11.20XX
(d) 18.11.20XX
C. Aggregate turnover of Mr. Mandeep for the given financial year will be,
(a) ` 63 Lakhs
(b) ` 79 Lakhs
(c) ` 71 Lakhs
(d) ` 47 Lakhs
D. Mr. Mandeep will be eligible for composition scheme in the next financial year, but he can
supply services only upto:
(a) ` 5.00 Lakhs
(b) ` 6.3 Lakhs
(c) ` 7.90 Lakhs
(d) ` 7.10 Lakhs
3. ABC Ltd. is a registered pharmaceutical company. The company invented one drug for instant cure
of cancer. They supplied free samples of this medicine to various doctors. What will be the tax
treatment of these free samples under GST?
(a) ABC Ltd. is liable to pay tax on supply of free samples and eligible to claim input tax credit.
(b) ABC Ltd. is not liable to pay tax on supply of free samples but eligible to claim input tax credit.
(c) ABC Ltd. is neither liable to pay tax on supply of free samples nor eligible to claim input tax
credit.
(d) ABC Ltd. is liable to pay tax on supply of free samples but not eligible to claim input tax credit.
4. Kala Niketan School is an educational institution providing pre-school education and education up
to higher secondary school. Which of the following services are exempt if provided to Kala Niketan
School?
(i) Transportation of students, faculty and staff
(ii) Catering services
(iii) Cleaning services performed in such educational institution
(a) (i)
(b) (i) and (iii)
(c) (ii) and (iii)
(d) (i), (ii) and (iii)
3. Car having seating capacity of 4 persons used for imparting training on 50,00,000
driving such car
4. Special purpose vehicle having seating capacity of 2 persons used for 60,00,000
transportation of goods
(a) ` 2,25,00,000/-
(b) ` 2,10,00,000/-
(c) ` 1,25,00,000/-
(d) `75,00,000/-
6. Mr. Avishkar is a painter registered under GST in Delhi. He sends his artwork for exhibition in
Mumbai. At what point of time, supply is considered to have been made under GST?
(a) When painting is completed.
(b) When painting is sent for exhibition in Mumbai.
(c) When painting is displayed at the exhibition in Mumbai.
(d) When painting is purchased by one of the visitors in the exhibition.
9. [REVERSE CHARGE] Mr. Vicky Frankyn, an unregistered famous author, received ` 3 crore of
consideration from Shiv Bhawan Publications (SBP) located in Indore for supply of services by way
of temporary transfer of a copyright covered under section 13(1)(a) of the Copyright Act, 1957
relating to original literary works of his new book. He finished his work & made available the book to
the publisher, but has yet not raised the invoice.
Mr. Vicky Frankyn is of the view that SBP is liable to pay tax under reverse charge on services
provided by him. SBP does not concur with his view and is not ready to deposit the tax under any
circumstances.
Examine whether the view of Mr. Vicky Frankyn is correct. Further, if the view of Mr. Vicky Frankyn is
correct, what is the recourse available with Mr. Vicky Frankyn to comply with the requirements of
GST law as SBP has completely refused to deposit the tax.
Solution:
Yes, the view of Mr. Vicky Frankyn is correct. GST is payable under reverse charge in case of supply of
services by an author by way of transfer/permitting the use or enjoyment of a copyright covered under
section 13(1)(a) of the Copyright Act, 1957 relating to original literary work to a publisher located in the
taxable territory in terms of reverse charge Notification No. 13/2017 CT(R) dated 28.06.2017. Therefore, in
the given case, person liable to pay tax is the publisher – SBP.
However, since SBP has completely refused to deposit the tax on the given transaction, Mr. Vicky Frankyn
has an option to pay tax under forward charge on the same. For the purpose, he needs to fulfill the
following conditions:
(i) since he is unregistered, he has to first take registration under the CGST Act, 2017
(ii) he needs to file a declaration, in the prescribed form, that he exercises the option to pay CGST on the
said service under forward charge in accordance with section 9(1) of the CGST Act and to comply with
all the provisions as they apply to a person liable for paying the tax in relation to the supply of any
goods and/or services and that he shall not withdraw the said option within a period of 1 year from the
date of exercising such option;
(iii) he has to make a declaration on the invoice, which he would issue to SBP, in prescribed form.
10. [CHARGE OF GST] - Chanchal started providing beauty and grooming services and inaugurated
“Care & Care Beauty Centre” in Janak Puri, Delhi on 01st April, 2020. She opted to pay composition
tax under section 10(2A) in the said financial year.
The aggregate turnover of Care & Care Beauty Centre for the quarter ending 30th June, 2020 was
` 20 lakh. Further, for the half year ending 30th September, 2020, the turnover reached ` 50 lakh.
Care & Care Beauty Centre recorded a rapid growth and the turnover reached ` 70 lakh by the end of
October, 2020.
Determine the total tax liability of Care & Care Beauty Centre by the end of October, 2020.
11. IMP: Care & Care Beauty Centre wishes to opt for composition scheme under Section 10(1) from the
next financial year. You are required to advise it whether it can do so?
Note: Rate of GST applicable on such services is 18%.
Solution:
No, Care & Care Beauty Centre cannot opt for composition scheme u/s 10(1) from the next financial year.
Fundamentally, the composition scheme can be availed in respect of goods and only one service namely,
restaurant service.
As regards services other than restaurant services are concerned, only marginal supply of the such
services for a specified value along with the supply of goods and/or restaurant service, as the case may be,
is permitted under section 10(1) of CGST Act, 2017.
Therefore, a person engaged exclusively in supply of services other than restaurant services is not
eligible to opt for composition scheme u/s 10(1).
However, w.e.f. 01/01/2020; he may opt for composition scheme under sub-section (2A) of section 10
if aggregate turnover doesn’t exceeds ` 50 Lakhs in preceding FY as he is not eligible for composition
levy under Sub-section (1) & (2) of Section 10 & exclusively engaged in providing services.
12. [SUPPLY] - The temple of ancestral deity of Mr. Aman goel and his family is located at Beri, Haryana.
The temple is run by a charitable organisation registered under section 12AA of the Income Tax Act,
1961. The family has got unshakeable faith in their ancestral deity. Mr. Aman is a big entrepreneur
having flourishing business of tiles in Gurugram. Upon the birth of their first child, he donated ` 10
lakh to the said temple for construction of a sitting hall in the temple. On the main door of the sitting
hall, a name plate was placed stating “Donated by Mr. Aman Goel upon birth of his first child”.
You are required to examine the leviability of GST on the donation received from Mr. Aman Goel?
Solution:
GST Circular has clarified that when the name of the donor is displayed in the religious institution premises,
by placing a name plate or similar such acknowledgement, which can be said to be an expression of
gratitude and public recognition of donor’s act of philanthropy and is not aimed at giving publicity to the
donor in such manner that it would be an advertising or promotion of his business, then it can be said that
there is no supply of service for a consideration (in the form of donation). There is no obligation (quid pro
13. [EXEMPTION] Holiday Guest House, situated at Shimla, provides boarding & lodging services to
tourists at economical cost. The charges of a single deluxe room per day are ` 999. Mr. X has
booked one deluxe room for two days during Christmas holidays. You are required to determine
whether GST is payable by Holiday Guest House on the above booking. If yes, determine the
amount of GST so payable.
Will your answer change, if the charges of a single deluxe room per day charged by Holiday Guest
House are ` 1,000?
Solution:
Services by a hotel, inn, guest house, club or campsite, by whatever name called, for residential or lodging
purposes, having value of supply of a unit of accommodation below or equal to ` 1,000 per day or equivalent
have been exempted from GST vide an exemption notification.
Thus, in view of the above-mentioned provisions, GST is not payable by Holiday Guest House on the
booking done by Mr. X as the charges for a unit of accommodation per day is less than `1,000.
The answer will remain the same even if the charges of a single deluxe room per day is ` 1,000 as the
exemption is also available in the case where value of supply of a unit of accommodation per day is ` 1,000/
i.e., such services are taxable only where value of supply of a unit of accommodation per day exceeds `
1,000/-. Thus, no GST is payable by Holiday Guest House on the booking done by Mr. X even if the charges
of a single deluxe room per day is ` 1,000.
14. [EXEMPTION] M/s Damodar Ltd. provides services by way of storage of seasonal fruits and
vegetables in Bhatinda, Punjab. The monthly rental for a godown is ` 15,000. Examine whether GST
is payable by M/s Damodar Ltd.
Solution:
Services by way of storage/ warehousing of cereals, pulses, fruits, nuts and vegetables, spices, copra,
sugarcane, jaggery, raw vegetable fibres such as cotton, flax, jute etc., indigo, unmanufactured tobacco,
betel leaves, tendu leaves, coffee and tea have been exempted from GST under an exemption notification
under GST.
Thus, no GST is payable on the services provided by M/s Damodar Ltd. by way of storage of seasonal fruits
and vegetables in Bhatinda, Punjab.
15. [REGISTRATION] M/s Siya Ram is a trader of decorative items in Hauz Khas, Delhi. His aggregate
turnover exceeded ` 20 lakh in the month of October, 20XX. He applied for registration on GST
portal, but missed to submit the details of his bank account. His tax consultant advised him that
prior submission of bank details is mandatory to obtain registration. Examine whether the advice of
Mr. Siya Ram’s tax consultant is correct.
Solution:
The advice of Mr. Siya Ram’s consultant that prior submission of bank details is mandatory to obtain
registration is no more valid in law.
Rule 10A has been inserted in the CGST Rules, 2017 which allows the registered person to furnish
information with respect to details of bank account, or any other information, as may be required on the
common portal in order to comply with any other provision, soon after obtaining certificate of registration
and a GSTIN, but not later than 45 days from the date of grant of registration or the date on which the return
required under section 39 is due to be furnished, whichever is earlier.
This relaxation is however not available for those who have been granted registration as TDS deductor/ TCS
collector under rule 12 or who have obtained suo-motu registration under rule 16.
The aggregate annual turnover of Mr. Gauri Shiva in the preceding financial year was ` 1.20
crore. With reference to rule 59 of the CGST Rules, 2017, discuss the manner in which the details of
above supplies are required to be furnished in GSTR-1.
Solution:
Rule 59 of the CGST Rules, 2017, inter alia, stipulates that the details of outward supplies of goods
and/or services furnished in form GSTR-1 shall include the–
(a) invoice wise details of all –
(i) inter-State and intra-State supplies made to the registered persons; and
(ii) inter-State supplies with invoice value more than two and a half lakh rupees made to the
unregistered persons;
(b) consolidated details of all –
(i) intra-State supplies made to unregistered persons for each rate of tax; and
(ii) State wise inter-State supplies with invoice value upto two and a half lakh rupees made to
unregistered persons for each rate of tax;
Thus, in view of the above-mentioned provisions, Mr. Gauri Shiva should furnish the details of outward
supplies of goods made by him during the quarter ending June 20XX in the following manner:-
Solution:
(i) The said statement is partially correct. Where an e-way bill has been generated, but goods are
either not transported at all or are not transported as per the details furnished in the e-way bill, the e-
way bill may be cancelled electronically on the common portal within 24 hours of generation of the e-
way bill.
However, an e-way bill cannot be cancelled if it has been verified in transit in accordance with the
provisions of rule 138B of the CGST Rules, 2017.
(ii) The said statement is correct. The e-way bill generated under Goods and Services Tax Rules of any
State or Union territory shall be valid in every State and Union territory.
18. [PAYMENT OF TAX] - Mr. Ram Narayan, a registered supplier under GST, wants to first discharge
his self- assessed tax liability for the current period before settling the dues for the previous tax
period. Examine briefly whether he can do so?
Solution:
As per Section 49(8) of the CGST Act, 2017, the liability of a taxable person has to be discharged in a
chronological order as under:-
(a) self -assessed tax and other dues for the previous tax periods have to be discharged first;
(b) the self -assessed tax and other dues for the current period have to be discharged next;
(c) Once these two steps are exhausted, thereafter any other amount payable inclu ding demand
determined under section 73 or section 74 of the CGST Act, 2017 to be discharged. In other words, the
liability if any, arising out of demand notice and adjudication proceedings comes last.
This sequence has to be mandatorily followed.
Thus, in view of the above-mentioned provisions, Mr. Ram Narayan cannot discharge his self-assessed tax
liability for the current period before settling the dues for the previous tax period.
1. Miss. Raksha is engaged in providing private coaching services in Noida, Uttar Pradesh and is not
registered under GST till 25-Sep-2020. Her aggregate turnover is ` 19,00,000/- on 30-Sep-2020. She got
GST registration on 30-Sep-2020. Which of the following options are available to her?
(a) She can pay tax @ 18%, charge it from customer and avail full input tax credit on procurements made.
(b) She can pay tax @ 6% under composition scheme under Section 10(2A) for service providers but she
cannot charge GST from customer and also cannot avail input tax credit.
(c) She is not liable for registration since her aggregate turnover is less than ` 40,00,000/-
(d) Either (a) or (b)
2. Mr. Arun, a registered supplier, is engaged in selling sweets. The sweets are sold in boxes and the
cost of each sweet box is ` 500/-. In order to increase his turnover, he purchased certain juice cans @
` 20/- each and added juice can with every sweet box as a gift. A sweet box along with free juice can is
sold at ` 500/- each.
Which of the statements is correct?
(a) He is liable to pay tax on ` 520/- and eligible to claim input tax credit on purchase of juice cans
(b) He is liable to pay tax on ` 500/- and not eligibletoclaiminputtaxcrediton purchase of juice cans
(c) He is liable to pay tax on ` 500/- and also eligible to claim input tax credit on purchase of juice
cans
(d) Either (a) or (b)
4. With reference to the provisions relating to transaction value under Section 15 of the CGST Act, 2017,
which of the following is not correct?
(a) Central excise duty will not be included in transaction value for supply of tobacco.
(b) Municipal taxes paid by tenant will be included in transaction value for supply of renting service.
(c) Entertainment tax included in movie ticket will form part of transaction value.
(d) Customer makes payment of freight which is payable by the supplier, directly to the service provider.
However, supplier does not include this amount in the invoice. Such amount will be included in transaction
value of the supplier.
6. M/s. Comfortable (P) Ltd. is registered under GST in the State of Odisha. It is engaged in the business
of manufacturing of iron and steel products. It has received IT engineering services from M/s. High-Fi
Infotech (P) Ltd. for ` 11,00,000/- (excluding GST@ 18%) on 28-Oct-20XX. Invoice for service rendered
was issued on 5-Nov-XX. M/s Comfortable (P) Ltd. made part-payment of ` 4,20,000/- on 30-Nov-XX.
Being unhappy with service provided by M/s High-fi Infotech (P) Ltd., it did not make the balance
payment. Deficiency in service rendered was made good by M/s High-Fi Infotech (P) Ltd. by 15-Feb-
XY. M/s. Comfortable (P) Ltd. made payment of ` 3,00,000/- on 15-Feb-XY and balance payment was
made on 6-June-20XY, i.e. after 180 days of issue of invoice.
Input tax credit available in respect of IT engineering services received from M/s. High-Fi Infotech (P)
Ltd. in financial year 20XX-XY:
(a) ` 1,98,000/-
(b) Nil
(c) ` 64,068/-
(d) ` 1,09,831/-
7. Mr. Dev Anand is engaged in providing services of facilitating sale and purchase of securities to
various clients. He is also engaged in trading of securities. His turnover details are as follows:
8. Mr. Pappu Singh, commenced his business in Feb-20XX. He has established following units:
1. Unit A (in SEZ) and Unit B (non-SEZ) in the State of Maharashtra
2. Unit C in Delhi
3. Unit D and E in the State of Goa
Mr. Pappu Singh has approached you to help him in determining the States and number of
registrations he is required to take under GST (presuming the fact that he is making taxable supply
from each State and his aggregate turnover exceeds the threshold limit):
(a) Maharashtra-2: Delhi-1, Goa–Optional 1 or 2
(b) Maharashtra-Optional 1 or 2: Delhi-1, Goa-Optional 1 or 2
(c) Maharashtra-1: Delhi-1, Goa-1
(d) Maharashtra-2: Delhi-1, Goa-2
10. Which of the following activity shall be treated neither as a supply of goods nor a supply of services?
(i) Permanent transfer of business assets where input tax credit has been availed on such assets
(ii) temporary transfer of intellectual property right
(iii) transportation of deceased
(iv) services by an employee to the employer in the course of employment
(a) (i)& (iii)
(b) (ii)& (iv)
(c) (i) & (ii)
(d) (iii) & (iv)
11. IMPORTANT (6 Marks): REGISTRATION CHAPTER Examine whether the supplier is liable to get
registered in the following independent cases:-
(i) Raghav of Assam is exclusively engaged in intra-State taxable supply of readymade garments. His
turnover in the current financial year (FY) from Assam showroom is
(ii) ` 28 lakh. He has another showroom in Tripura with a turnover of ` 11 lakh in the current FY.
(iii) Pulkit of Panjim, Goa is exclusively engaged in intra-State taxable supply of shoes. His aggregate
turnover in the current financial year is ` 22 lakh.
(iv) Harshit of Himachal Pradesh is exclusively engaged in intra-State supply of pan masala. His
aggregate turnover in the current financial year is ` 24 lakh.
(v) Ankit of Assam is exclusively engaged in intra-State supply of taxable services. His aggregate
turnover in the current financial year is ` 25 lakh.
(vi) Sanchit of Assam is engaged in intra-State supply of both taxable goods and services. His
aggregate turnover in the current financial year is ` 30 lakh.
Solution:
As per Section 22 of the CGST Act, 2017 read with Notification No. 10/2019 CT dated 07.03.2019, a
supplier is liable to be registered in the State/Union territory from where he makes a taxable supply of goods
and/or services, if his aggregate turnover in a financial year exceeds the threshold limit. The threshold limit for
a person making exclusive intra - State taxable supplies of goods is as under:-
(a) ` 10 lakh for the States of Mizoram, Tripura, Manipur and Nagaland.
(b) ` 20 lakh for the States of States of Arunachal Pradesh, Meghalaya, Puducherry, Sikkim, Telangana and
Uttarakhand.
(c) ` 40 lakh for rest of India. However, the higher threshold limit of ` 40 lakh is not available to persons
engaged in making supplies of ice cream and other edible ice, whether or not containing cocoa,
Pan masala and Tobacco and manufactured tobacco substitutes.
The threshold limit for a person making exclusive taxable supply of services or supply of both goods
and services is as under:-
(a) ` 10 lakh for the States of Mizoram, Tripura, Manipur and Nagaland.
(b) ` 20 lakh for the rest of India.
In the light of the afore-mentioned provisions, the answer to the independent cases is as under:-
(i) Raghav is eligible for higher threshold limit of turnover for registration, i.e. ` 40 lakh as he is exclusively
engaged in intra-State supply of goods. However, since Raghav is engaged in supplying readymade
garments from a Special Category State i.e. Tripura, the threshold limit gets reduced to ` 10 lakh. Thus,
Raghav is liable to get registered under GST as his turnover exceeds ` 10 lakh. Further, he is required to
obtain registration in both Assam and Tripura as he is making taxable supplies from both the States.
12. Mr. Ajay has a registered repair centre where electronic goods are repaired/serviced. His repair centre
is located in State of Rajasthan and he is not engaged in making any inter-State supply of services.
His aggregate turnover in the preceding financial year (FY 18-19) is ` 45 lakh.
With reference to the provisions of the CGST Act, 2017, examine whether Mr. Ajay can opt for the
composition scheme in the current financial year from 01.04.2019 (FY 19-20)?
Is he eligible to avail benefit of concessional payment of tax under Notification No. 2/2019 CT (R)
dated 07.03.2019? Considering the option of payment of tax available to Mr. Ajay, compute the amount
of tax payable by him assuming that his aggregate turnover in the current financial year is ` 35 lakh.
Will your answer be different if Mr. Ajay procures few items required for providing repair services
from neighbouring State of Madhya Pradesh?
Solution:
Section 10 of the CGST Act, 2017 provides that a registered person, whose aggregate turnover in the
preceding financial year did not exceed ` 1.5 crore (` 75 lakh in Special Category States except Assam,
Himachal Pradesh and Jammu and Kashmir), may opt to pay, in lieu of the tax payable by him, an amount
calculated at the specified rates. However, if, inter alia, such registered person is engaged in the supply
of services other than restaurant services, he shall not be eligible to opt for composition levy.
In the given case, since Mr. Ajay is a supplier of repair services, he is not eligible for composition scheme
even though his aggregate turnover in the preceding FY does not exceed ` 1.5 crore. Therefore, he has to
discharge his tax liability under regular provisions at the applicable rates.
However, with effect from 01.04.2019, Notification No. 2/2019 CT (R) dated 07.03.2019 has provided an
option to a registered person whose aggregate turnover in the preceding financial year is upto ` 50 lakh and
who is not eligible to pay tax under composition scheme, to pay tax @ 3% [Effective rate 6% (CGST+
SGST/UTGST)] on first supplies of goods and/or services upto an aggregate turnover of ` 50 lakh made
on/after 1st April in any FY, subject to specified conditions.
Thus, in view of the above-mentioned provisions, Mr. Ajay is eligible to avail the benefit of concessional
payment of tax under Notification No. 2/2019CT (R) dated 07.03.2019 as his aggregate turnover in the
preceding FY does not exceed ` 50 lakh and he is not eligible to opt for the composition scheme.
Thus, the amount of tax payable by him under Notification No. 2/2019 CT (R) dated 07.03.2019 is ` 2,10,000
[6% of ` 35 lakh].
A registered person cannot opt for Notification No. 2/2019 CT(R) dated 07.03.2019, if inter alia, he is engaged
in making any inter-State outward supplies. However, there is no restriction on inter-State procurement
of goods. Hence, answer will remain the same even if Mr. Ajay procures few items from neighbouring
State of Madhya Pradesh.
Since in the given case, the mini bus has a seating capacity of 16 persons, the ITC thereon will not be
blocked.
(ii) Section 17(5) of the CGST Act, 2017, inter alia, blocks input tax credit in respect of motor vehicles for
transportation of persons with certain exceptions. Thus, ITC on motor vehicles for transportation of goods
is allowed unconditionally.
Therefore, ITC on trucks purchased by Bangur Ceramics Ltd for transportation of its finished goods from
the factory to dealers located in various locations within the country is allowed.
(iii) Section 17(5) of the CGST Act, 2017, inter alia, blocks input tax credit in respect of motor vehicles for
transportation of persons having approved seating capacity of not more than 13 persons (including the
driver), except when they are used for making further supply of such motor vehicles.
Being a dealer of cars, “Hans Premium” has purchased the cars for further supply. Therefore, ITC on such
cars is allowed even though seating capacity is less than 13.
(iv) Section 17(5) of the CGST Act, 2017 inter alia, blocks input tax credit in respect of outdoor catering
services. However, ITC is available on such services, when the same are provided by an employer to its
employees under a statutory obligation.
Thus, in view of the above- mentioned provisions, Sun & Moon packers Pvt. Ltd. can avail ITC in respect
of outdoor catering services availed by it as the same is being provided under a statutory obligation.
14. VALUE OF SUPPLY M/s. Flow Pro sold a machine to BP Ltd. It provides the following particulars in
this regard:-
S. Particulars `
No.
(i) Price of the machine (excluding taxes and incidental charges) 30,000
(ii) Machine was subject to third party inspection. The inspection charges 5,000
have been directly paid by BP Ltd. to the inspection agency.
(ii) Freight charges for delivery of the machine (M/s Flow Pro has agreed 2,000
to deliver the goods at BP Ltd’s premises)
(iv) Subsidy received from State Government on sale of machine under skill 5,000
Development Programme. [The subsidy is directly linked to the
price].
(v) Discount given on price of the machine (recorded in the invoice) 2%
Note: Items given in S. No. (ii) to (v) have not been considered in the price at S. No. (i).
Determine the value of taxable supply made by M/s Flow Pro to BP Ltd.
Notes:-
1. Since subsidy is received from State Government, the same is deductible to arrive at taxable value under
section 15 of the CGST Act, 2017.
2. Any amount that the supplier is liable to pay in relation to such supply but has been incurred by the
recipient, is includible in the value of supply under section 15 of the CGST Act, 2017.
3. Since arranging freight is the liability of supplier, it is a case of composite supply and thus, freight charges
are added in the value of principal supply.
4. Discount given before or at the time of supply if duly recorded in the invoice is deductible from the value of
supply under section 15 of the CGST Act, 2017.
15. EXEMPTION CHAPTER State with reasons, whether GST is payable in the following independent
cases:-
(i) Services provided to recognized sports body as curator of national team.
(ii) Services provided by way of transportation of passenger in Metered Cab.
(iii) Services by way of public conveniences such as provision of facilities of washrooms.
(iv) Services provided by a player to a franchisee which is not a recognized sports body.
Solution:
(i) Services provided to a recognized sports body by an individual as a player, referee, umpire, coach or
team manager for participation in a sporting event organized by a recognized sports body are exempt
from GST vide Notification No. 12/2017CT(R) dated 28.06.2017. Thus, GST is payable in case of services
provided to a recognized sports body as curator of national team.
(ii) Service of transportation of passengers, with or without accompanied belongings, inter alia, by metered
cabs are specifically exempt from GST vide Notification No. 12/2017 CT(R) dated 28.06.2017. Thus, GST
is not payable in this case.
(iii) Services by way of public conveniences such as provision of facilities of bathroom, washrooms,
lavatories, urinal or toilets are not liable to GST as it is specifically exempt as per Notification No. 12/2017
CT(R) dated 28.06.2017. Thus, GST is not payable in this case.
(iv) Services provided by a player to a franchisee which is not a recognized sports body is taxable as it is not
exempt under Notification No.12/2017 CT (R) dated 28.06.2017. Thus, GST is payable in this case.
16. TIME OF SUPPLY Mahak Sons is a registered supplier of electronic items and pays GST under regular
scheme. On 15th July 20XX, Mahak Sons received an order from Sunder Trader for supply of a
consignment of electronic items. Mahak Sons gets the consignment ready by 20th July 20XX. The
invoice for the consignment was issued the next day, 21st July 20XX. Sunder Trader could not collect
the consignment immediately. Sunder Trader collects the consignment from the premises of Mahak
Sons on 30th July 20XX and hands over the cheque towards payment on the same date. The said
payment is entered in the books of accounts of Mahak Sons on 31st July, 20XX and amount is
credited in their bank account on 1st August 20XX.
You are required to determine the time of supply of the electronic items for the purpose of payment of
tax.
Further, as per Notification No. 66/2017 CT dated 15.11.2017, a registered person (excluding composition
supplier) has to pay GST on the outward supply of goods at the time of supply as specified in section 12(2)(a)
i.e., date of issue of invoice or the last date on which invoice ought to have been issued in terms of section 31.
As per section 31(1), the invoice needs to be issued either before or at the time of removal (where supply
involves movements of goods) of goods/delivery of goods/ making goods available to the recipient.
In this case, the invoice is issued before the removal of the goods and is thus, within the time limit prescribed
under section 31(1). Therefore, time of supply for the purpose of payment of tax is the date of issue of invoice,
which is 21st July, 20XX.
17. IMPORTANT [TAX INVOICE] - ABC Ltd., a registered supplier has made following taxable supplies to
its customer Mr. P in the quarter ending 30th June, 20XX.
the registered person, who has supplied such goods and/or services, may issue to the recipient one or more
credit notes for supplies made in a financial year containing prescribed particulars.
Thus, one (consolidated) or more credit notes can be issued in respect of multiple invoices issued in a
financial year without linking the same to individual invoices.
Hence, in view of the above-mentioned provisions, M/s ABC Ltd. can issue a consolidated credit note for the
goods returned in respect of all the three invoices.
18. [PAYMENT OF TAX] - Mr. X, a supplier of goods, pays GST under regular scheme. The amount of input
tax credit (ITC) available and output tax liability under different tax heads is as under:-
Head Output tax liability ITC
IGST 2,000 4,000
CGST 800 2,000
SGST/ UTGST 2,500 500
Compute the minimum GST payable in cash by Mr. X. Make suitable assumptions as required.
Since sufficient balance of ITC of CGST is available for paying CGST liability and cross utilization of
ITC of CGST and SGST is not allowed, it is beneficial to use ITC of IGST to pay SGST (after paying
IGST liability) to minimize cash outflow.
2. M.H. Husain, a famous painter, Delhi, sends his latest art work to Indian Classic gallery, Delhi, for
exhibition. However, no consideration has flown from Indian Classic gallery to M. H. Husain when the
art work is sent to the gallery for exhibition. M. H. Husain is in dilemma whether GST is payable on
said transfer of art work. What would be your advice on the same?
(a) GST is payable as the same amounts to taxable supply of goods.
(b) GST is payable as the same amounts to taxable supply of services.
(c) GST is not payable as the same is an exempt supply.
(d) GST is not payable as the same does not amount to supply at all.
3. Kidzee Ltd., a wholesaler of toys registered in Chandigarh, is renowned in the local market for the
varieties of toys and their reasonable prices. Kidzee Ltd. makes supply of 100 pieces of baby’s
learning laptops and chat learning phones to Nancy General Store on 25th September, 20XX by
issuing a tax invoice amounting to ` 1,00,000.
However, the said toys were returned by Nancy General Store on 30th September, 20XX. Which
document Kidzee Ltd. is required to issue in such a case?
(a) Debit Note
(b) Refund voucher
(c) Credit note
(d) Payment voucher
5. [EXEMPTION] - Examine whether supply of food and drink in the following independent cases is
exempt from GST :-
a. “Smart Kids” is a Play School located in Delhi. Smart Kids has outsourced the catering services
for supply of food and drink in the canteen of Play School to BTV Caterers, Delhi for a
consideration of ` 8,00,000 per annum.
Solution:
Services provided to an educational institution providing services by way of pre-school education and
education up to higher secondary school or equivalent, by way of catering is exempt from GST vide
Notification No. 12/2017 CT (R) dated 28.06.2017 as amended. Thus, in the given case, services
provided by BTV Caterers to Smart Kids are exempt from GST.
Solution:
Services by way of health care services provided by a clinical establishment, an authorised medical
practitioner or para-medics are exempt from GST vide Notification No. 12/2017 CT (R) dated 28.06.2017
as amended.
In this regard, CBIC has clarified that food supplied by the hospital canteen to the in-patients as advised
by the doctor/nutritionists is a part of composite supply of healthcare services and is not separately
taxable. Thus, it is exempt from GST. However, other supplies of food by a hospital to patients (not
admitted) or their attendants or visitors are taxable.
In view of the same, GST is exempt on the food supplied by Tasty Foods to the in-patients as advised by
doctors/nutritionists while other supplies of food by it to patients (not admitted) or
attendants/visitors of the in-patients is taxable.
6. [Payment of Tax] Sahil is a supplier of taxable goods in Karnataka. He got registered under GST in the
month of September, 20XX and wishes to pay his IGST liability for the month. Since he’s making the
GST payment for the first time, he is of the view that he needs to mandatorily have the online banking
facility to make payment of GST ; offline payment is not permitted under GST .
You are required to apprise Sahil regarding the various modes of deposit in the electronic cash
ledger. Further, advise him with regard to following issues:
(a) Are manual challans allowed under GST?
(b) What is the validity period of the challan?
(c) Is cross utilization among Major and Minor heads of the electronic cash ledger permitted?
Solution:
Section 49(1) of CGST Act, 2017 read with rule 87 of CGST Rules, 2017 provides that the deposit in
electronic cash ledger can be made through any of the following modes, namely:-
(i) Internet Banking through authorised banks;
(ii) Credit card or Debit card through the authorised bank;
(iii) National Electronic Fund Transfer or Real Time Gross Settlement from any bank; or
(iv) Over the Counter payment through authorised banks.
(a) Manual or physical Challans are not allowed under the GST regime. It is mandatory to generate Challans
online on the GST Portal.
(b) E-challan is valid for a period of 15 days.
(c) Amount entered under any Minor head (Tax, Interest, Penalty, etc.) and Major Head (CGST, IGST, SGST
/UTGST ) of the Electronic Cash Ledger can be utilized only for that liability. Cross-utilization among
Major and Minor heads is not possible.
During a given tax period in the current financial year, owing to an off-season, M/s Cavenon
Enterprises has not made any taxable supply. Therefore, M/s Cavenon Enterprises opines that no
return under GST is required to be filed for the said period. You are required to examine the technical
veracity of the opinion of M/s Cavenon Enterprises.
Solution:
Section 37 of the CGST Act, 2017 stipulates that GSTR-1 for a particular month is required to be filed on or
before the 10th day of the immediately succeeding month, i.e. on a monthly basis.
However, presently, as a measure of easing the compliance requirement for small tax payers, GSTR-1 has
been allowed to be filed quarterly by small tax payers with aggregate annual turnover up to ` 1.5 crore in the
preceding financial year or the current financial year. Tax payers with annual aggregate turnover above ` 1.5
crore will however continue to file GSTR- 1 on a monthly basis.
In view of the same, M/s Cavenon Enterprises can file its GSTR-1 on quarterly basis as its aggregate
turnover does not excced ` 1.5 crore in the preceding financial year.
Further, GSTR-1 needs to be filed even if there is no business activity in a tax period. Thus, in the present
case, even if no supply has been made by M/s Cavenon Enterprises, a NIL return is required to be filed for
the relevant tax period.
8. [Value of Supply] Kamal Book Depot, a wholesaler of stationery items, registered in Mumbai, has
received order for supply of stationery items worth ` 2,00,000/- on 12th November, 20XX from another
local registered dealer, Mr. Mehta, Mumbai. Kamal Book Depot charged the following additional
expenses from Mr. Mehta:-
Notes:-
1. As per section 15(1) of the CGST Act, 2017, the value of a supply is the transaction value i.e. the price
actually paid or payable for the said supply.
2. All incidental expenses including packing charged by the supplier to the recipient are includible in the
value of supply in terms of section 15(2) of the CGST Act, 2017.
3. The given supply is a composite supply involving supply of goods (stationery items) and services (transit
insurance and freight) where the principal supply is the supply of goods.
As per section 8(a) of the CGST Act, 2017, a composite supply is treated as a supply of the principal
supply involved therein and charged to tax accordingly.
4. Any amount charged for anything done by the supplier in respect of the supply of goods or services or
both at the time of, or before delivery of goods or supply of services; is includible in the value of supply
vide section 15(2) of the CGST Act, 2017. Thus, extra designing charges are to be included in the value
of supply.
5. The taxes by Municipal Authorities are includible in the value of supply in terms of section 15(2) of the
CGST Act, 2017.
6. In the given case, Mr. Mehta is allowed a discount of ` 20,000 on the goods supplied to him in the
month of November, 20XX. Since the said goods have already been delivered by Kamal Book Depot,
this discount will be a post-supply discount.
Further, value of supply shall not include any discount which is given after the supply has been
effected, if—
(i) such discount is established in terms of an agreement entered into at or before the time of such supply
and specifically linked to relevant invoices; and
(ii) input tax credit as is attributable to the discount on the basis of document issued by the supplier has
been reversed by the recipient of the supply [Section 15(3) of the CGST Act, 2017].
However, in the given case, post-supply discount given to Mr. Mehta will not be allowed as a deduction from
the value of supply since the discount policy was not known before the time of such supply although the
discount can be specifically linked to relevant invoice (invoice pertaining to stationery items supplied to Mr.
Mehta in November, 20XX).
In case the expenses (i) to (v) given in above table are already included in the price of ` 2,00,000:
Since these expenses are includible in the value of supply by virtue of the reasons mentioned in explanatory
notes above, no further addition will be required. Resultantly, the value of taxable supply will be ` 2,00,000
and CGST and SGST will be ` 18,000 and ` 18,000 respectively.
The amount of ITC brought forward in the month of July, 20XX is as under:-
CGST : ` 2 lakh
SGST : ` 2 lakh
IGST : ` 5 lakh
Calculate the net GST liability (CGST and SGST or IGST, as the case may be) to be paid in cash for the
month of July, 20XX by assuming the rates of GST as under:
Note:
(i) All the amounts given above are exclusive of taxes.
(ii) All the conditions necessary for availing the IT C have been fulfilled.
Solution:
Notes:-
1. Services supplied by an individual advocate to any business entity located in the taxable territory by way
of legal services, directly or indirectly are taxable under reverse charge mechanism. Thus, tax is payable
by the recipient (Mr. Ekaant) on said services to the Government.
Further, as per section 49(4) of the CGST Act, 2017, amount available in the electronic credit ledger [ITC
amount] may be used for making payment towards output tax. However, tax payable under reverse
charge is not an output tax in terms of section 2(82) of the CGST Act, 2017. Therefore, tax payable under
reverse charge cannot be set off against the input tax credit and thus, will have to be paid in cash.
2. Every registered person is entitled to take credit of input tax charged on any inward supply of goods
and/or services which are used or intended to be used in the course or furtherance of his business in
terms of section 16 of CGST Act, 2017.
Further “input tax” in relation to a registered person includes the tax payable under reverse charge
mechanism in terms of section 2(62) of the CGST Act, 2017.
3. Input tax credit is not allowed in respect of membership of a club in terms of section 17(5) of CGST Act,
2017.
4. Input tax credit of IGST has been used to pay IGST and CGST in that order. Alternatively, balance
IGST can also be used to pay SGST instead of CGST.
10. [Input Tax Credit] Le Marc Ltd. of Nashik, Maharashtra, a registered supplier, is engaged in
manufacturing taxable goods. It provides the following details of items purchased and services
availed by it from Gujarat, for the month of March, 20XX:
S. Particulars IGST (`)
No.
Motor vehicle purchased for employees to be used for personal as well as
1 business purposes 1,50,000
2 Motor vehicle purchased for transportation of goods within the factory 2,00,000
Food items for consumption of employees. These items were supplied free of
cost to the employees in lieu of services rendered by them to the
3 manufacturer in the course of employment. 2,000
Notes:-
As per Section 17(5) of the CGST Act, 2017:
1. ITC on Motor vehicles for transportation of persons with seating capacity ≤ 13 persons (including the
driver) is blocked, EXCEPT WHEN USED FOR
making further taxable supply of such motor vehicles;
making taxable supply of transportation of passengers;
making taxable supply of imparting training on driving such motor vehicles
Thus, in the given case, ITC on motor vehicle purchased for transportation of goods within the factory will
only be allowed
2. ITC in respect of food and beverages is blocked unless the same is provided by an employer to its
employees under a statutory obligation or used for making outward taxable supply of the same category
or as an element of the taxable composite or mixed supply. Thus, in the given case, ITC of taxes paid on
food for employees is not allowed.
3. ITC on supply of rent-a cab services is not blocked where the Government notifies the services which are
obligatory for an employer to provide such service to its employees. Thus, ITC is available on said
service. (whatsapp 8527230445 for PDF Notes)
(ii) Goods purchased from unregistered dealer on 20th February, 20XX 1,00,000
(Inter-State purchases are worth ` 30,000 and balance purchases
are intra-State)
(iii) Services provided by way of labour contracts for repairing a single 1,00,000
residential unit otherwise than as a part of residential complex (It is
an intra-State transaction)
(iv) Goods transport services received from a GTA. GTA is paying tax 2,00,000
@12% (It is an inter-State transaction)
Compute net GST liability (CGST, SGST or IGST, as the case may be) of M/s Shri Durga Corporation
Pvt. Ltd. For the month of February, 20XX.
CGST 9%
SGST 9%
lGST 18%
Note:-
The turnover of M/s. Shri Durga Corporation Pvt. Ltd. was ` 2.5 crore in the previous financial year.
All the amounts given above are exclusive of taxes.
Solution:
Computation of GST liability of M/s. Shri Durga Corporation Pvt. Ltd. for the month of February, 20XX
Value of
Particulars Supply CGST SGST IGST
Intra -State sale of taxable goods [Note-1] 4,00,000 36,000 36,000
Goods purchased from unregistered dealer on 20th February,
20XX [Note-2] Nil Nil Nil
Services rendered by way of labour contracts for repairing a
single residential unit otherwise than as a part of residential
complex [Note-3] 1,00,000 9,000 9,000
Goods transport services received from GTA [Note-4] 2,00,000 Nil
Total GST liability for the month of February, 20XX 45,000 45,000 Nil
Less: Input tax credit available [Note-5](` 2,00,000 x12%) 24,000 -
Net GST liability for the month of February, 20XX 21,000 45,000 Nil
Notes:
1. Section 12 of CGST Act, 2017 read with Notification No. 66/2017 CT dated 15.11.2017 provides that
the time of supply for all suppliers of goods (excluding composition suppliers) is the time of issue of
invoice, without any turnover limit. [Time of Supply Chapter]
Thus, liability to pay tax on the advance received in January, 20XX will also arise in the month of
February, when the invoice for the supply is issued. [Any advance against Goods is not taxable in
the month of receipt]
2. All intra-State and inter-State procurements made by a registered person from unregistered
person is taxable under reverse charge if it is notified. It is assumed that no such notification is
issued for this goods.
SURAJ AGRAWAL TAX CLASS | NEW DELHI | +91 85272 30445
GST By CA Suraj Agrawal SATC D.2
3. Services by way of pure labour contracts of construction, erection, commissioning, or installation
of original works pertaining to a single residential unit otherwise than as a part of a residential complex
are exempt vide Notification No. 12/2017 CT(R) dated 28.06.2017. Labour contracts for repairing are
thus, taxable. [Exemption Chapter]
4. As per Notification No. 13/2017 CT(R) dated 28.06.2017, GST is payable by the recipient on reverse
charge basis on the receipt of services of transportation of goods by road from a goods transport agency
(GTA) provided such GTA has not paid GST @ 12%.
Since in the given case, services have been received from a GTA who has paid GST @ 12%,
reverse charge provisions will not be applicable. [Charge of Supply Chapter]
5. Input tax credit is available for the services received from GTA. The input tax credit of IGST can be used
against IGST then CGST and SGST in any order vide section 49(5) of CGST Act, 2017 read with
Rules 88A.
2. [ITC Chapter] Cloud Seven Private Limited, a registered supplier, is engaged in the manufacture of
taxable goods. The company provides the following information pertaining to GST paid on the
purchases made/input services availed by it during the month of February, 20XX :
GST
Particulars paid (`)
(i) Trucks used for the transport of raw material 1,20,000
Foods and beverages for consumption of employees lot was received during the
(ii) month 40,000
Inputs are to be received in five lots, out of which third lot was received during the
(iii) month 80,000
(iv) Membership of a club availed for employees working in the factory 1,50,000
Capital goods (out of five items, invoice for one item was missing and GST paid on
(v) that item was ` 50,000) 4,00,000
(vi) Raw material (to be received in March, 20XX) 1,50,000
Determine the amount of input tax credit available with Cloud Seven Private Limited for the month of
February, 20XX by giving necessary explanations for treatment of various items. All the conditions
necessary for availing the input tax credit have been fulfilled.
]
Solution:
Computation of input tax credit (ITC) available with Cloud Seven Private Limited for the month of
February, 20XX
Particulars `
Trucks used for the transport of raw material [Note-1] 1,20,000
Foods and beverages for consumption of employees working in the factory [Note-2] Nil
Inputs are to be received in five lots, out of which third lot was received during the month
[Note-3] Nil
Membership of a club availed for employees working in the factory [Note-4] Nil
Capital goods (out of five items, invoice for one item was missing and GST paid on that item
was ` 50,000) [Note-5] 3,50,000
Raw material to be received in March, 20XX [Note-6] Nil
Total ITC 4,70,000
1. ITC on motor vehicles used inter alia, for transportation of goods is not blocked in terms of Section
17(5) [Blocked Credit] of the CGST Act, 2017.
2. ITC on food or beverages is specifically disallowed unless the same is provide under a statutory
obligation or used for making outward taxable supply of the same category or as an element of the
taxable composite or mixed supply- [Section 17(5)].
3. When inputs are received in instalments, ITC can be availed only on receipt of last instalment- [Section
16(2)].
4. Membership of a club (except the same is provided under statutory obligation) is specifically
disallowed under section 17(5) of the CGST Act, 2017.
5. ITC cannot be taken on missing invoice. The registered person should have the invoice in its possession
to claim ITC [Section 16(2) of CGST Act, 2017].
6. Input tax credit is available only upon the receipt of goods in terms of section 16(2) of CGST Act, 2017.
3. [Composition Scheme] - M/s. Handsome and Likemi Company, a partnership firm at Mumbai (contact
SATC 8527230445 for PDF Notes) is running a mobile phone showroom. Along with mobile phone
showroom, it is also engaged in providing health and fitness services.
Turnover of the mobile phone showroom was ` 120 lakh and receipts of the health and fitness service
was ` 8 lakh in the preceding financial year.
(i) With reference to the provisions of the CGST Act, 2017, examine whether the firm can opt for the
composition scheme under Section 10(1),
(ii) If M/s. Handsome and Likemi Company obtain separate registration for their mobile phone
showroom & for health fitness centre, can it opt for composition scheme only for mobile phone
showroom?
Solution:
As per section 10(1) of the CGST Act, 2017, the following registered persons, whose aggregate turnover in
the preceding financial year did not exceed ` 1.5 crore [` 75 lakh in Special Category States except
Assam, Himachal Pradesh and Jammu and Kashmir], may opt to pay tax under composition levy.
(a) Manufacturer,
(b) Persons engaged in making supplies referred to in clause (b) of paragraph 6 of Schedule II (restaurant
services), and
(c) Any other supplier eligible for composition levy.
Thus, essentially, the composition scheme can be availed in respect of goods and only one service namely,
restaurant service.
However, the scheme permits supply of other marginal services for a specified value along with the
supply of goods and restaurant service, as the case may be. Such marginal services can be supplied
for a value up to 10% of the turnover in the preceding year or ` 5 lakh, whichever is higher.
(i) Aggregate turnover in preceding financial year is 1.28 crores which does not exceeds 1.5 crores. M/s
Handsome and Likemi Company is eligible for composition scheme under Section 10(1) in current
financial year provided Value of health and fitness service does not exceeds 10% of the turnover in
the preceding year or ` 5 lakh, whichever is higher.
(ii) Where more than one registered persons are having the same Permanent Account Number, the
registered person shall not be eligible to opt for composition scheme unless all such registered
persons opt to pay tax under composition scheme.
4. IMPORTANT - [Registration & Tax Invoice Chapter] Luv & Kush Pvt. Ltd. of Telangana engaged in the
supply of gifts items provides you the following details:-
S.No. Particulars Date
Commencement of the business of supplying
1 goods 01.08.20XX
2 Turnover exceeds ` 10,00,000 on 15.08.20XX
3 Turnover exceeds ` 20,00,000 on 05.09.20XX
4 Application for registration made on 28.09.20XX
5 Registration certificate granted on 06.10.20XX
The company seeks your advice as to how it should raise revised tax invoices for supplies made. Is
there any specific provision for issuance of revised tax invoices to unregistered customers? Explain.
Solution:
As per section 22 of the CGST Act, 2017 read with Notification No. 10/2019 CT dated 07.03.2019, a
supplier is liable to be registered in the State/Union territory from where he makes a taxable supply of goods
and/or services, if his aggregate turnover in a financial year exceeds the threshold limit. The threshold limit for
a person making exclusive intra - State taxable supplies of goods is as under:-
(a) ` 10 lakh for the States of Mizoram, Tripura, Manipur and Nagaland.
(b) ` 20 lakh for the States of States of Arunachal Pradesh, Meghalaya, Puducherry, Sikkim, Telangana and
Uttarakhand.
(c) ` 40 lakh for rest of India. However, the higher threshold limit of ` 40 lakh is not available to persons
engaged in making supplies of ice cream and other edible ice, whether or not containing cocoa,
Pan masala and Tobacco and manufactured tobacco substitutes.
In the given case, Luv & Kush Pvt. Ltd is located in Telangana. Though Supplier of goods are exempt
from registration upto aggregate turnover of ` 40,00,000 but this exemption is not applicable for Supplier of
goods located in Telangana. Here Limit of ` 20,00,000 is applicable.
A supplier whose aggregate turnover in a financial year exceeds ` 20 lakh in Telangana State is liable to
apply for registration within 30 days from the date of becoming liable to registration (i.e., the date of crossing
the threshold limit of ` 20 lakh) vide section 22 of CGST Act, 2017.
Where the application is submitted within said period, the effective date of registration is the date on which the
person becomes liable to registration; otherwise it is the date of grant of registration.
Every registered person who has been granted registration with effect from a date earlier than the date of
issuance of registration certificate to him, may issue revised tax invoices in respect of taxable supplies
effected during this period within 1 month from the date of issuance of registration certificate [Section
31].
Here, Luv & Kush Pvt. Ltd. has made the application for registration within 30 days of becoming liable for
registration, the effective date of registration becomes the date on which the company becomes liable to
registration i.e. 05.09.20XX.
Thus, Luv & Kush Pvt. Ltd. may issue revised tax invoices against the invoices already issued during the
period between effective date of registration (05.09.20XX) and the date of issuance of registration certificate
(06.10.20XX), within 1 month from 06.10.20XX.
Further, Luv & Kush Pvt. Ltd may issue a consolidated revised tax invoice in respect of all taxable supplies
made to unregistered dealers during such period. However, in case of inter-State supplies made to
unregistered dealers, a consolidated revised tax invoice cannot be issued if the value of a supply
exceeds ` 2,50,000.
Particulars Amount in
List price of goods supplied inter-state (exclusive of taxes) 15,00,000
Subsidy received from Central Government for supply of taxable goods to
Government School. 2,10,000
Subsidy received from a NGO for supply of taxable goods to an old age home 50,000
Tax levied by Municipal Authority 20,000
Packing charges 15,000
Late fee paid by the recipient of supply for delayed payment of invoice 6,000
The list price of the goods takes into account the two subsidies received. However, the other
charges/taxes/fee are charged to the customers over and above the list price. Calculate the value of
taxable supply made by M/s Red Pepper Ltd. for the month of March, 20XX. Rate of IGST is 18%.
Solution:
Computation of value of taxable supply made by Red Pepper Ltd. for the month of March, 20XX
Particulars `
List price of the goods 15,00,000
Add: Subsidy amounting to ` 2,10,000 received from Central Government
[Since subsidy is received from Government, the same is not includible in the value in
terms of section 15 of the CGST Act, 2017] NIL
Subsidy received from NGO
[Since subsidy is received from a non-Government body, the same is includible in the
value in terms of section 15 of the CGST Act, 2017] 50,000
Tax levied by the Municipal Authority
[Includible in the value as per section 15 of the CGST Act, 2017] 20,000
Packing charges
[Being incidental expenses, the same are includible in the value as per section 15 of the
CGST Act, 2017] 15,000
Late fees paid by recipient of supply for delayed payment
[Includible in the value as per section 15 of the CGST Act, 2017]
(assumed to be inclusive of taxes) [` 6,000 x 100/118] rounded off
(Note: As an alternative, Students may also assume amount exclusive of taxes) 5,085
Value of taxable supply 15,90,085
6.
(i) Explain the meaning of the term “date of receipt of payment” as per section 13 of the CGST Act, 2017.
(ii) VERY IMP [SUPPLY] List any four activities which shall be neither treated as supply of goods nor a
supply of services under the GST law.
Solution:
(i) “Date of receipt of payment” in terms of section 13 of CGST Act, 2017 refers to the
(a) date on which the payment is recorded in the books of account of the entity (supplier of service) that
receives the payment, or
(b) the date on which the payment is credited to the entity’s bank account,
whichever is earlier.
(ii) Section 7(2)(a) of CGST Act, 2017 read with Schedule III specifies the activities or transactions
which shall be treated neither as a supply of goods nor a supply of services:
(b) Duties performed by any person who holds any post in pursuance of the provisions of the
Constitution in that capacity; or
7. [EXEMPTION] - Examine whether GST is payable in the following independent supply of services:
(i) Indiana Engineering College, a recognised educational institution, has conducted an entrance
test examination for various courses run by it and charged entrance fees from the applicants.
(ii) Ramfal Lalaji, an agriculturist, has stored sugarcane in a warehouse. He has taken fumigation
services in the said warehouse from Gupta Pest Control Co. for which he paid the consideration
of ` 6,000.
Solution:
(i) Services provided by an educational institution by way of conduct of entrance examination against
consideration in the form of entrance fee are exempt from GST vide Notification No. 12/2017 CT (R)
dated 28.06.2017 as amended.
Since in the given case, services provided by Indiana Engineering College, an educational institution are
by way of conduct of entrance examination against entrance fee, the same is exempt and thus, GST is
not payable in this case.
(ii) Services by way of fumigation in a warehouse of agricultural produce are exempt from GST vide
Notification No. 12/2017 CT (R) dated 28.06.2017 as amended. In the present case, since Gupta Pest
Control Co. provides services by way of fumigation in the warehouse of sugarcane [being an agricultural
produce], said services are exempt and GST is not payable on the same.
8.
(i) [REVERSE CHARGE] With reference to the provisions of GST law, briefly answer the following
questions:-
(a) VERY IMP Income is received by Maharashtra Government from renting of immovable property to
Ganpati Morya Pvt. Ltd., registered in Maharashtra (Turnover of the company was ` 18 lakh in the
preceding financial year). Is GST payable in the present case? If yes, who is liable to pay the
same?
(b) Mr. Vivek Goyal, director of A2Z Pvt. Ltd. Company has received sitting fee amounting to ` 1 lakh
from A2Z Pvt. Ltd for attending the Board meetings. (whatsapp for PDF at 8527230445)
(ii) Explain the meaning of the term “input tax” under section 2(62) of CGST Act, 2017.
In the given case, services by way of renting of immovable property is provided by Maharashtra Government
to Ganpati Morya Pvt. Ltd, registered in Maharashtra. Therefore, the above exemption will not apply in
this case even though the turnover of the company was less than ` 20 lakh in the preceding financial
year. Thus, GST is payable in the given case.
Notification No. 13/2017 CT (R) dated 28.06.2017 as amended inter alia provides that reverse charge is
applicable in case of services supplied by the State Government by way of renting of immovable property to a
person registered under the Central Goods and Services Tax Act, 2017. Thus, GST is payable by Ganpati
Morya Pvt. Ltd., being a registered person in the present case.
(b) Notification No. 13/2017 CT (R) dated 28.06.2017 inter alia provides that GST on supply of services by
director of a company to the said company located in the taxable territory is payable on reverse charge basis.
Therefore, in the given case, person liable to pay GST is the recipient of services, i.e., A2Z Pvt. Ltd.
Company.
(ii) As per section 2(62) of CGST Act, 2017, “input tax” in relation to a registered person, means the
central tax, State tax, integrated tax or Union territory tax charged on any supply of goods or services
or both made to him and includes —
(a) the integrated goods and services tax charged on import of goods;
(b) the tax payable under the provisions of sub -sections (3) and (4) of section 9;
(c) the tax payable under the provisions of sub -section (3) and (4) of section 5 of the IGST Act;
(d) the tax payable under the provisions of sub -section (3) and sub-section (4) of section 9 of the respective
SGST Act; or
(e) the tax payable under the provisions of sub -section (3) and sub-section (4) of section 7 of the UTGST
Act, but does not include the tax paid under the composition levy.
9.
(i) IMPORTANT [Registration] Discuss the circumstances where registration is liable to be cancelled.
(ii) [Payment of Tax Chapter] Explain the order in which liability of taxable person has to be
discharged under GST laws.
Solution:
(i) IMPORTANT Section 29(1) of the CGST Act, 2017 provides that the proper officer may, either on his own
motion or on an application filed by the registered person or by his legal heirs, in case of death of such
person, cancel the registration, in such manner and within such period as may be prescribed, having regard to
the circumstances where:
(a) the business has been discontinued, transferred fully for any reason including death of the proprietor,
amalgamated with other legal entity, demerged or otherwise disposed of; or
(b) there is any change in the constitution of the business; or
(c) the taxable person, other than the person registered under sub -section (3) of section 25, is no longer
liable to be registered under section 22 or section 24
Further, section 29(2) of the CGST Act, 2017 provides that the proper officer may cancel the
registration of a person from such date, including any retrospective date, as he may deem fit, where,–
–
(a) a registered person has contravened such provisions of the Act or the rules made thereunder as may be
prescribed; or
(b) a person paying tax under section 10 has not furnished returns for three consecutive tax periods; or
(d) any person who has taken voluntary registration under sub-section (3) of section 25 has not commenced
business within six months from the date of registration; or
(e) registration has been obtained by means of fraud, wilful misstatement or suppression of facts
Further, the proper officer shall not cancel the registration without giving the person an opportunity of
being heard.
(ii) Section 49(8) of CGST Act, 2017 prescribes the chronological order in which the liability of a taxable
person has to be discharged:
(a) self -assessed tax and other dues for the previous tax periods have to be discharged first.
(b) self -assessed tax and other dues for the current tax period have to be discharged next.
(c) Once these two steps are exhausted, thereafter any other amount payable including demand determined
under section 73 or section 74 is to be discharged. In other words, the liability if any, arising out of
demand notice and adjudication proceedings comes last.
This sequence has to be mandatorily followed.
The expression “other dues” referred above mean interest, penalty, fee or any other amount payable under
the Act or the rules made thereunder.
10. [SUPPLY CHAPTER] Examine whether the activity of import of service in the following independent
cases would amount to supply under section 7 of the CGST Act, 2017?
(i) Miss Shriniti Kaushik received vaastu consultancy services for her residence located at Bandra,
Mumbai from Mr. Racheal of Sydney (Australia). The amount paid for the said service is 5,000
Australian dollar.
(ii) Miss Shriniti Kaushik received vaastu consultancy services for her residence located at Bandra,
Mumbai from her brother, Mr. Varun residing in Sydney (Australia). Further, Miss Shriniti did not
pay any consideration for the said service.
(iii) Miss Shriniti Kaushik received vaastu consultancy services for her business premises located at
Bandra, Mumbai from her brother, Mr. Varun residing in Sydney (Australia). Further, Miss Shriniti
did not pay any consideration for the said service.
Solution:
(i) Supply, under section 7 of the CGST Act, 2017, inter alia,
Thus, although the import of service for consideration by Miss. Shriniti Kaushik is not in course or
furtherance of business, as the vaastu consultancy service has been availed in respect of residence,
it would amount to supply.
[Taxability - Evenif it is treated as Supply, it is an exempted Supply as Per Notification No. 12/2017
CT (R) dated 28.06.2017 as amended as import of service is used by Individual for personal
purpose.]
(ii) Section 7 of the CGST Act, 2017 read with Schedule I provides that import of services by a taxable
person from a related person located outside India, without consideration is treated as supply if it is
provided in the course or furtherance of business.
In the given case, import of service without consideration by Miss Shriniti from her brother – Mr. Varun
[brother, being member of the same family, is a related person] will not be treated as supply as it is not
in course or furtherance of business.
Thus, import of service without consideration by Miss Shriniti from her brother – Mr. Varun (brother, being
member of the same family, is a related person) will be treated as supply as she receives vaastu
consultancy service for her business premises, i.e. in course or furtherance of business.
Items given in points (ii) to (v) have not been considered while arriving at price of the goods given in
point (i) above.
Compute the GST liability [CGST & SGST or IGST, as the case may be] of Raman Ltd. for the given
month.
Solution:
Computation of GST liability
S. Particulars Sahil Traders Jaggi Motors
No. (`) Ltd. (`)
i. Price of goods 20,000 15,000
ii. Add: Packing charges (Note-1) 600
iii. Add: Commission (Note-1) 400
iv. Add: Weighment charges (Note-1) - 1,000
v. Less: Discount for prompt payment (Note-2) - 500
Value of taxable supply 21,000 15,500
IGST payable @ 18% (Note-3) 3,780
CGST payable @ 9% (Note-4) 1,395
SGST payable @ 9% (Note-4) 1,395
Notes:
1. Incidental expenses, including commission and packing, charged by supplier to recipient of supply is
includible in the value of supply. Weighment charges are also incidental expenses, hence includible in the
value of supply [Section 15 of the CGST Act, 2017].
2. Since discount is known at the time of supply, it is deductible from the value in terms of section 15 of the
CGST Act, 2017.
3. Since supply made to Sahil Traders is an inter-State supply, IGST is payable in terms of section 5 of the
IGST Act, 2017.
4. Since supply made to Jaggi Motors Ltd. is an intra-State supply, CGST & SGST is payable on the same.
Particulars `
Value of intra-State supply of goods 12,000
Value of intra-State purchase of goods 10,000
Note:
(i) Rates of CGST, SGST and IGST are 9%, 9% and 18% respectively.
(ii) Both inward and outward supplies are exclusive of taxes, wherever applicable.
(iii) All the conditions necessary for availing the input tax credit have been fulfilled.
Compute the net GST payable by Tirupati Traders during the given tax period assuming that there is
no opening balance of input tax credit (ITC). Make suitable assumptions wherever required.
Solution:
Computation of net GST payable
Particulars (`)
Inter-State supply of services 1,80,000
Receipt of goods and services within the State 1,00,000
Less: ITC of CGST @ 9% paid on intra-State receipt of goods and services 9,000
[Cross utilisation of CGST towards IGST] [1,00,000 × 9%]
Less: ITC of SGST @ 9% paid on intra-State receipt of goods and services 9,000
[Cross utilisation of SGST towards IGST] [1,00,000 × 9%]
Note:
1. CGST shall first be utilised towards payment of CGST and the amount remaining, if any, be utilised
towards the payment of IGST.
2. SGST shall first be utilised towards payment of SGST and the amount remaining, if any, may be utilised
towards the payment of IGST.
3. However, ITC of SGST/UTGST should be utilized for payment of IGST, only after ITC of CGST has
been utilized fully
[Section 49 of the CGST Act, 2017]
4. [INTRODUCTION/PAYMENT OF TAX] - Shipra Traders is a registered supplier of goods in Assam. It
purchased goods valued at ` 10,000 from Kartik Suppliers located within the same State. Kartik
Suppliers charged CGST & SGST separately in its invoice. Subsequently, Shipra Traders sold goods
valuing ` 9,500 to Rabina Manufacturers located in Assam. 20% of the inputs purchased are still lying
in stock and there was no opening stock of goods. Rate of CGST and SGST on supply and purchase
of goods is 9% each. Calculate the net GST payable by Shipra Traders and input tax credit (ITC) to be
carried forward, if any.
Solution:
Computation of net GST payable by Shipra Traders
Particulars CGST @ 9% SGST @ 9%
(`) (`)
GST payable on intra-State supply of goods 855 855
[Being an intra-State supply, CGST and CGST
is payable on the same] [9,500 × 9%] [9,500 × 9%]
5. IMP: [Section 18(6) / ITC Chapter] - Granites Textiles Ltd. purchased a needle detecting machine on
8th July, 2019 from Makhija Engineering Works Ltd. for ` 10,00,000 (excluding GST) paying GST @
18% on the same. It availed the ITC of the GST paid on the machine and started using it for
manufacture of goods. The machine was sold on 22nd October, 2020 for ` 7,50,000 (excluding GST),
as second hand machine to LT. Pvt. Ltd. The GST rate on supply of machine is 18%.
State the action which Granites Textiles Ltd. is required to take, if any, in accordance with the
statutory GST provisions on the sale of the second-hand machine.
(a) input tax credit taken on such goods reduced by 5% per quarter of a year or part thereof from the
date of issue of invoice for such goods (i.e., input tax credit pertaining to remaining useful life of the
capital goods), or
Accordingly, the amount payable on supply of needle detecting machine shall be computed as
follows:
Particulars ` `
Input tax credit taken on the machine (` 10,00,000 × 18%) 1,80,000
Less:
Input tax credit to be reversed @ 5% per quarter for
the period of use of machine (8th July 2019 to 22 Oct 2020)
[`1,80,000 × 5%) × 6 quarters] 54,000
Amount payable towards disposal of machine is higher of (A) and (B) 1,35,000
6. [REVERSE CHARGE & TIME OF SUPPLY] - Royal Sweet Co., Delhi, a registered supplier, has
furnished the details of the following few transactions which took place in November, 20XX:
You are required to compute GST [CGST & SGST/IGST, as the case may be] payable for the month of
November, 20XX along with time of supply of the aforementioned activities.
Solution:
Computation of GST payable for the month of November, 20XX
2. Services supplied by a director of a company to the said company is a notified service on which tax is
payable on reverse charge basis by the recipient of services.
3. As per section 13 of the CGST Act, 2017, the time of supply of services in case of reverse charge
is earliest of the following:-
(a) Date of payment as entered in the books of account of the recipient or the date on which the payment
is debited to his bank account, whichever is earlier, or
(b) Date immediately following 60 days since the date of issue of invoice.
Provisions of time of supply as provided under section 13 of the CGST Act are also applicable for
inter-State supply vide section 20 of the IGST Act.
In view of the aforesaid provisions, the time of supply and due date for payment of tax in the given
cases would be determined as under:
(i) Time of supply of the services is the date immediately following 60 days since the date of
issue of invoice, i.e. 06.09.20XX. The due date for payment of tax is 20.10.20XX with return of
September, 20XX.
(ii) Time of supply of service is 20.11.20XX (Date of payment) and due date for payment of tax is
20.12.20XX with return of November, 20XX.
4. The due date for payment of tax in case (i) is 20.10.20XX with return of September, 20XX. However, the
payment of tax is actually made on 11.11.20XX. Thus, payment of tax is delayed by 22 days.
In case of delayed payment of tax, interest @ 18% per annum is payable for the period for which the tax
remains unpaid starting from the day succeeding the day on which such tax was due to be paid. In view of
the same, in the given case, interest payable would be as follows:
7. [SUPPLY] - Sahab Sales, an air-conditioner dealer in Janakpuri, Delhi, needs 4 air-conditioners for his
newly constructed house in Safdarjung Enclave. Therefore, he transfers 4 air-conditioners [on which
ITC has already been availed by it] from its stock, for the said purpose. Examine whether the said
activity amounts to supply under section 7 of the CGST Act, 2017.
Further, a Janakpuri resident, Aakash, approached Sahab Sales. He sold an air-conditioner to Sahab
Sales for ` 5,000. Aakash had bought the said air-conditioner six months before, for his residence.
Does sale of the air conditioner by Aakash to Sahab Sales amount to supply under section 7 of the
CGST Act, 2017?
Solution:
Section 7 of the CGST Act, 2017 stipulates that in order to qualify as supply:
(a) Supply should be of goods and/or services.
(b) Supply should be made for a consideration.
(c) Supply should be made in the course or furtherance of business.
Further, Schedule I of the CGST Act, 2017 illustrates the activities to be treated as supply even if made
without consideration. One such activity is permanent transfer or disposal of business assets where
input tax credit has been availed on such assets, i.e. said activity is to be treated as supply even if
made without consideration.
In view of said provisions, permanent transfer of air conditioners by Sahab Sales from its stock for personal
use at its residence, though without consideration, would amount to supply.
However, sale of air-conditioner by Aakash to Sahab Sales will not qualify as supply under section 7 of the
CGST Act, 2017 as although it is made for a consideration, but it’s not in the course or furtherance of
business.
Sl. No.Particulars `*
(i) Supply of machine oils in Delhi 2,00,000
(ii) Supply of high speed diesel in Delhi 4,00,000
(iii) Supply made through Fortis Lubricants - an agent of Pure Oils in 3,75,000
Delhi
(iv) Supply made by Pure Oils from its branch located in Punjab 1,80,000
*excluding GST
Determine whether Pure Oils is liable for registration. Will your answer change, if Pure Oils
supplies machine oils amounting to ` 2,50,000 from its branch located in Tripura in addition to the
above-mentioned supplies?
Solution:
As per section 22 of the CGST Act, 2017 read with Notification No. 10/2019 CT dated 07.03.2019, a
supplier is liable to be registered in the State/Union territory from where he makes a taxable supply of goods
and/or services, if his aggregate turnover in a financial year exceeds the threshold limit.
The threshold limit for a person making exclusive intra - State taxable supplies of goods is as under:-
(a) ` 10 lakh for the States of Mizoram, Tripura, Manipur and Nagaland.
(b) ` 20 lakh for the States of States of Arunachal Pradesh, Meghalaya, Puducherry, Sikkim, Telangana
and Uttarakhand.
(c) ` 40 lakh for rest of India.
However, the higher threshold limit of ` 40 lakh is not available to persons engaged in making supplies of ice
cream and other edible ice, whether or not containing cocoa, Pan masala and Tobacco and manufactured
tobacco substitutes.
As per section 2(6) of the CGST Act, 2017, aggregate turnover includes the aggregate value of:
(i) all taxable supplies,
(ii) all exempt supplies,
(iii) exports of goods and/or services and
(iv) all inter-State supplies of persons having the same PAN.
The above is computed on all India basis. Further, the aggregate turnover excludes central tax, State tax,
Union territory tax, integrated tax and cess. Moreover, the value of inward supplies on which tax is payable
under reverse charge is not taken into account for calculation of ‘aggregate turnover’.
Further, the explanation to section 22 provides that the expression “aggregate turnover” shall include all
supplies made by the taxable person, whether on his own account or made on behalf of all his
principals.
Section 9 of the CGST Act, 2017 provides that CGST is not leviable on five petroleum products i.e. petroleum
crude, motor spirit (petrol), high speed diesel, natural gas and aviation turbine fuel.
As per section 2(47) of the CGST Act, 2017, exempt supply includes non-taxable supply. Thus, supply of
high speed diesel in Delhi, being a non-taxable supply, is an exempt supply and is, therefore,
includible while computing the aggregate turnover.
In the backdrop of the above-mentioned discussion, the aggregate turnover for the month of April,
20XX is computed as under:
S. Particulars Amount
No. (in `)
(i) Supply of machine oils in Delhi 2,00,000
(ii) Add: Supply of high speed diesel in Delhi 4,00,000
(iii) Add: Supply made through Fortis Lubricants - an agent of Pure -
Oils in Delhi
(iv) Add: Supply made by Pure Oils from its branch located in Punjab 1,80,000
Aggregate Turnover 7,80,000
If Pure Oils made supply of machine oils amounting to ` 2,50,000 from its branch in Tripura in addition to the
above supply, then threshold limit of registration will be reduced to ` 10 lakh as Tripura is one of the
specified Special Category States.
Aggregate Turnover in that case would be ` 7,80,000 + ` 2,50,000 = ` 10,30,000. So, if Pure Oils supplies
machine oils amounting to ` 2,50,000 from its branch in Tripura, then it is liable to be registered.
SATC NOTE: Turnover of agent is not required to be added in aggregate turnover of Principle for
determining “Aggregate Turnover”
9. [TAX INVOICE]- Royal Fashions, a registered supplier of designer outfits in Delhi, decides to exhibit
its products in a Fashion Show being organised at Hotel Park Royal, Delhi on 4th January, 20XX. For
the occasion, it gets the makeover of its models done by Aura Beauty Services Ltd., Ashok Vihar, for
which a consideration is ` 5,00,000 (excluding GST) has been charged. Aura Beauty Services Ltd.
issued a duly signed tax invoice on 10th February, 20XX showing the lumpsum amount of ` 5,90,000
inclusive of CGST and SGST @ 9% each. Royal Fashions made the payment the very next day.
Solution:
(i) As per section 31 of the CGST Act, 2017 read with the CGST Rules, 2017, in case of taxable supply of
services, invoices should be issued before or after the provision of service, but within a period of 30 days
[45 days in case of insurer/ banking company or financial institutions including NBFCs] from the date of
supply of service.
In view of said provisions, in the present case, the tax invoice should have been issued in the prescribed
time limit of 30 days from the date of supply of service i.e. upto 03.02.20XX. However, the invoice has
been issued on 10.02.20XX.
In such a case, the time of supply as per section 13 of the CGST Act, 2017 would be 04.01.20XX i.e.
earliest of the following:
(ii) Section 31 of the CGST Act, 2017 read with the CGST Rules, 2017, inter alia, provides that tax invoice
shall contain the following particulars-
(a) Total value of supply of goods or services or both;
(b) Rate of tax (central tax, State tax, integrated tax, Union territory tax or cess);
(c) Amount of tax charged in respect of taxable goods or services (central tax, State tax, integrated tax,
Union territory tax or cess);
The objection raised by the tax consultant of Royal Fashions suggesting that the amount of tax charged in
respect of the taxable supply should be shown separately in the invoice raised by Aura Beauty Services
Ltd., is valid in law. In the present case, the tax amount has not been shown separately in the invoice.
1. IMPORTANT: M/s. Grey, a registered taxable person under regular scheme provides following
information in respect of supplies made by it during the month of Jan, 2021:
(All amount
in rupees)
(i) Inter-state supply of goods 1,00,000
(ii) Intra-state supply of 500 packets of detergent @ ` 400 each alongwith a plastic
bucket worth ` 100 each with each packet, being a mixed supply. (Rate of GST on
detergent is 18% and on plastic bucket is 28%)
(iii) Supply of online educational journals to M/s. Pinnacle, a private coaching centre 50,000
providing tuitions to students of Class X-XII, being intra-state supply.
(iv) Inter-state supply of goods (out of which invoice for goods worth ` 20,000 is 70,000
missing and no other tax paying document is available)
(v) Repairing of bus with seating capacity of 20 passengers used to transport its
employees from their residence, being intra-state supply. 50,000
CGST 5,000
SGST 5,000
IGST 40,000
Compute the minimum net GST payable in cash by M/s. Grey for the month of Jan, 2021.
Answer:
Computation of minimum net GST payable in cash by M/s. Grey
for the month of Jan, 2021
Notes:-
1. Supply of detergent and bucket together with a single price of ` 400 is a mixed supply. Being a mixed
supply comprising of two supplies, it shall be treated as supply of that particular supply that attracts
highest rate of tax (28%).
2. Supply of online educational journal is exempt only when the same is provided to an educational
institution which provides a qualification recognised by law. Since, the private coaching centre does
not provide any recognised qualification, the supply of online educational journals to the same will be
taxable.
3. ITC can be taken only on the basis of a valid tax paying document. Thus, ITC will not be available on
goods for which the invoice is missing.
4. ITC on motor vehicles for transportation of persons with seating capacity > 13 persons (including the
driver) used for any purpose is allowed. Further, ITC is allowed on repair and maintenance services
relating to motor vehicles, ITC on which is allowed.
Note: Under the amended position of law, the IGST credit, after being set off against IGST liability, can be
utilised against CGST and SGST liability in any order and in any proportion. Thus, there cannot be one
answer for the minimum net CGST and SGST payable in cash [i.e. GST liability] as the amount of CGST
and SGST liabilities are the same as also the amount of ITC for CGST and SGST is also the same.
2. Mr. Zafar of Assam, provides the following information for the preceding financial year 2019-20. You
are required to find out the aggregate turnover for the purpose of eligibility of composition levy
scheme under Section 10(1) and determine whether he is eligible for composition levy scheme or
not, for the F.Y. 2020-21.
Particulars Amount
(` in lakh)
Value of taxable outward supplies (out of above, ` 10 lakh was in course of inter- 50.00
state transactions).
Value of exempt supplies (which include ` 30 lakh received as interest on loans & 70.00
advances).
Value of inward supplies on which he is liable to pay tax under reverse charge 5.00
Value of exports 5.00
All the amounts are exclusive of GST.
Particulars Amount
in lakh (`)
Value of taxable outward supplies 50
[Value of all taxable supplies including inter-State supplies are includible in aggregate
turnover]
Value of exempt supplies 40
[Value of exempt supplies is includible in aggregate turnover. However, value of supply
of exempt services by way of extending deposits, loans or advances in so far as the
consideration is represented by way of interest or discount, though exempt, is not
includible in aggregate turnover for determining eligibility for composition
scheme]
Value of inward supplies on which Mr. Zafar is liable to pay tax under reverse charge Nil
[Excludible from aggregate turnover]
Value of exports 5
[Includible in aggregate turnover]
A registered person of Assam is eligible to opt for composition levy if his aggregate turnover does not
exceed ` 1.5 crore in the preceding financial year provided he is not engaged in inter-State outward
supplies of goods.
Therefore, in the given case, assuming that he is not engaged in making any inter-State outward supply of
goods in FY 2020-21, Mr. Zafar is eligible to opt for composition levy for FY 2020-21 since his aggregate
turnover does not exceed ` 1.5 crore in FY 2019-20.
3. Know & Grow Publishers, a registered dealer in India, paid an advance of ` 50,000 to Mr. Ganatra, an
author (an unregistered person), for the copyright covered under Section 13(1)(a) of the Copyright
Act, 1957, of his original literary work on 5-9-2020. It made the balance payment of ` 1,50,000 on 12-
12-2020.
You are required to determine the time of supply, if Mr. Ganatra raised the invoice on:
a. 6-10-2020, or
b. 17-12-2020
Answer:
GST on supply of services by an author by way of transfer or permitting the use or enjoyment of a
copyright covered under section 13(1)(a) of the Copyright Act, 1957 relating to original literary works to a
publisher is payable under reverse charge by such publisher, i.e. Know & Grow Publishers.
The time of supply of service, on which GST is payable under reverse charge, is earlier of the
following:
(a) Date of payment as entered in the books of account of the recipient or date on which payment is
debited from the bank account, whichever is earlier
or
(b) 61st day from the date of issue of invoice by the supplier
Answer:
(i) A person is eligible for enhanced threshold limit of ` 40 lakh in the State of Jammu and Kashmir if he is
engaged exclusively in intra-State supply of goods.
However, the enhanced threshold limit is not applicable if the person is engaged, inter alia, in the
supply of pan masala and all goods of chapter 24 i.e. Tobacco and manufactured tobacco
substitutes. In that case, the normal threshold limit of ` 20 lakh will be applicable.
In view of said provisions, in the given case, Mr. Ahmad is liable to register since his aggregate
turnover (` 24 lakh) exceeds the applicable threshold limit for registration of ` 20 lakh.
(ii) The enhanced threshold limit of ` 40 lakh as applicable to a person engaged exclusively in intra-
State supply of goods, is not applicable to Mizoram [a specified Special Category State]. Instead,
a lower threshold limit of ` 10 lakh for registration is applicable for Mizoram.
Thus, in the given case, Mr. Lepcha of Mizoram is liable to register since his aggregate turnover (`
13 lakh) exceeds the applicable threshold limit for registration of ` 10 lakh.
The enhanced threshold limit of ` 40 lakh is also specifically not applicable in the State of
Meghalaya. Instead, the normal threshold limit of ` 20 lakh for registration is applicable to it.
Therefore, if Mr. Lepcha is located in Meghalaya, he is not liable to register since his aggregate
turnover (` 13 lakh) does not exceed the applicable threshold limit for registration of ` 20 lakh.
5. Mr. Shah, a consignor is required to move goods from Ahmedabad (Gujarat) to Nadiad (Gujarat). He
appoints Mehta Transporter for movement of goods. Mehta Transporter moves the goods from
Ahmedabad (Gujarat) to Kheda (Gujarat). For completing the movement of goods from Kheda
(Gujarat) to Nadiad (Gujarat), Mehta Transporter now hands over the goods to Parikh Transporter.
Explain the procedure regarding e-way bill to be followed by consignor and transporter as per
provisions of GST law and rules made thereunder.
Answer:
In the given scenario, only one e-way bill is required to be issued.
Part A can be filled by either Mr. Shah or recipient of goods or Mehta Transporter on the appropriate
authorisation.
Where the goods are transferred from one conveyance to another, the consignor or the recipient, who has
provided information in Part A, or the transporter shall, before such transfer and further movement of
goods, update the details of conveyance in the e-way bill on the common portal in Part B.
Thus, on reaching Kheda, Mr. Shah or the recipient of the goods, who has filled Part A of the e-way bill, or
Mehta Transporter can, before the transfer and further movement of goods, update the details of
conveyance in Part B of the e-way bill.
Further, the consignor or the recipient, who has furnished the information in Part A, or the transporter, may
assign the e-way bill number to another registered or enrolled transporter for updating the information in
Part B for further movement of the consignment.
Thus, on reaching Kheda, Mr. Shah or the recipient of the goods, or Mehta Transporter can assign the said
e-way bill to Parikh Transporter who will thereafter update the details of conveyance in Part B.
However, upon updation of the details of the conveyance by Parikh transporter in Part B, Mr. Shah or
recipient, as the case may be, who has furnished the information in Part A shall not be allowed to assign
the e-way bill number to another transporter.
Answer:
The registered person desirous of availing the option to pay concessional tax @ 3% (effective
rate 6%) should -
(i) not be engaged in making any supply which is not leviable to tax.
(ii) not be engaged in making any inter-State outward supply of goods.
(iii) neither be a casual taxable person nor a non-resident taxable person.
(iv) not be engaged in making any supply through an electronic commerce operator who is required to
collect tax at source.
(v) not be engaged in making supplies of notified goods.
(vi) neither collect any tax from the recipient nor be entitled to any input tax credit.
(vii) issue a bill of supply instead of tax invoice.
(viii) not have the aggregate turnover in the preceding financial year exceeding ` 50 lakh
(ix) not be eligible for composition scheme under Section 10(1).
7. RETURN - Discuss the provisions of Section 39(9) of the CGST Act, 2017, relating to rectification of
errors/omissions in GST returns already filed and also state its exceptions. State the time limit for
making such rectification.
Answer:
Omission or incorrect particulars discovered in the returns filed under section 39 can be rectified in the
return to be filed for the month/quarter during which such omission or incorrect particulars are noticed.
Any tax payable as a result of such error or omission will be required to be paid along with interest.
Exception
Section 39(9) of the CGST Act does not permit rectification of error/omission discovered on account of
scrutiny, audit, inspection or enforcement activities by tax authorities.
The time limit for making such rectification is earlier of the following dates:
(i) Due date for filing return for September month of next financial year or
(ii) Actual date of filing annual return
8. RETURN - Explain the consequences, if the taxable person under GST law files the GST return
under Section 39(1) of the CGST Act, 2017, but does not make payment of self- assessment tax.
Answer:
If the taxable person under GST law files the GST return under section 39(1) of the CGST Act, 2017, but
does not pay the self-assessment tax, the return is not considered as a valid return.
Since the input tax credit can be availed only on the basis of a valid return, the taxable person, in the
given case, will not be able to claim any input tax credit.
He shall pay interest, penalty, fees or any other amount payable under the CGST Act for filing return
without payment of tax.
9. PAYMENT OF TAX - State the items which are to be debited· to electronic liability register of the
taxable person under the CGST Act, 2017 and rules thereunder.
Answer:
The items to be debited to electronic liability register of the taxable person are as under:-
(a) all amounts payable towards tax, interest, late fee and any other amount as per return filed;
(b) all amounts payable towards tax, interest, penalty and any other amount determined in a proceeding
by an Assessing authority or as ascertained by the taxable person;
(c) the amount of tax and interest as a result of mismatch.
(d) any interest amount that may accrue from time to time.
Note: Any three points may be mentioned out of the above mentioned four points.
i. Tuition fee received from students pursuing management courses recognised by 18,00,000
Punjab University, established by an Act of State Legislature
ii. Tuition fee received from students pursuing under- graduate courses 8,50,000
recognised by Stan University, London under Dual Degree programmes
iii. Fee received from students of competitive exam training academy run by a 5,40,000
Department of AIM
iv. Mess fees received from students (Mess is run by AIM on its own) 3,20,000
v. Amount paid to Local Municipal Corporation for premises taken on rent for 50,000
conducting coaching classes for competitive exams
vi. Legal services availed from Top Care & Co., a Partnership firm of advocates, for 20,000
the competitive exam training academy (Intra-state transaction)
Note:
Rate of CGST, SGST and IGST are 9%, 9% and 18% respectively for both outward and inward
supplies.
All the amounts given above are exclusive of taxes, wherever applicable.
All the conditions necessary for availing the ITC have been fulfilled, wherever applicable. No opening
balance of ITC under any head of tax.
From the information given above, you are required to calculate the Value of taxable supply and net
GST liability (CGST, SGST or IGST as the case may be) to be paid in cash, if any, by AIM for the
month of April, 2021.
Answer:
Computation of value of taxable supply and net GST liability to be paid in cash by AIM for
April, 2021
Particulars Amount
(`)
Tuition fee received from students pursuing recognized management courses [Note-1] Nil
Tuition fee received from students pursuing under-graduate courses recognized by Foreign 8,50,000
University [Note-2]
Fee received from students of Competitive Exam Training Academy [ Note-3] 5,40,000
Mess fees received from students [Note-4] Nil
Total value of taxable supply 13,90,000
Particulars CGST (`) SGST (`)
GST liability under forward charge @ 9% [Note-5] 1,25,100 1,25,100
Services on which tax is payable under reverse charge:
Rent paid to Local Municipal Corporation [Note-6] 4,500 4,500
Legal services received from Top Care & Co., a partnership firm of 1,800 1,800
advocates1 [Note-7]
GST liability under reverse charge payable in cash [A] [Note-8] 6,300 6,300
Output tax payable against which ITC can be set off 1,25,100 1,25,100
Less: ITC of renting immovable property and legal services 6,300 6,300
Output tax payable after set off of ITC [B] 1,18,800 1,18,800
Net GST liability payable in cash [A] + [B] 1,25,100 1,25,100
11. ITC CHAPTER - Dina Ltd., a registered supplier from Maharashtra, is engaged in the manufacturing
of Passenger auto. The company provides the following details of purchases made/services availed
by it during the month of March, 2021:
ii. Purchase of accessories which were delivered directly to the dealers of the 90,000
company. Only invoice was received by Dina Ltd.
iii. Purchase of Bus (seating capacity 15) for the transportation of employees from 1,97,000
their residence to company and back
iv. Input tax on general insurance taken on a car used by Executives of the company 5,200
for official purposes
v. Payment made to M/s Tasty Caterers for providing daily breakfast & lunch to the 54,700
employees of the company, as a voluntary staff welfare measure
You are required to determine the eligible Input tax credit available to M/s Dina Ltd. for the month of
March, 2021, by giving brief explanations for treatment of various items. Subject to the information
given above, all the other conditions necessary for availing input tax credit have been fulfilled.
Answer:
Computation of input tax credit (ITC) available with Dina Ltd. for the month of March 2021
2. Goods delivered to another person on the direction of the registered person by way of transfer of
documents of title or otherwise, either before or during the movement, are deemed to have been
received by such registered person. Thus, ITC is available to the registered person, on whose
order/direction the goods are delivered to a third person.
3. ITC on motor vehicles for transportation of persons with seating capacity > 13 persons (including the
driver) used for any purpose is allowed.
4. ITC on motor vehicles for transportation of persons with seating capacity ≤ 13 persons (including the
driver) is blocked except when the same are used for (i) making further taxable supply of such motor
vehicles (ii) making taxable supply of transportation of passengers (iii) making taxable supply of
imparting training on driving such motor vehicles. Further, ITC is not allowed on services of general
insurance relating to such ineligible motor vehicles.
Since, the car is not used for any of the eligible purposes, ITC thereon is blocked and thus, ITC on
general insurance taken on such car is also blocked.
5. ITC on outdoor catering is blocked except (i) in the case of sub-contracting, i.e. when such service is
used by the taxpayer who is in the same line of business (ii) when such service is provided by the
employer to its employees under a statutory obligation.
Since the company is not an outdoor caterer and it is providing such services to its employees as a
voluntary staff welfare measure, ITC on such outdoor catering services is blocked.
12. CHARGE OF GST - M/s Pranav Associates, a Partnership firm, provided recovery agent service to
Newtron Credits Ltd., a NBFC and a registered supplier, on 15th January, 2021. Invoice for the same
was issued on 7th February, 2020 and the payment was made on 18th April, 2021 by Newtron Credits
Ltd. Bank account of company was debited on 20 th April, 2021. Determine the following:
(i) Person liable to pay GST
(ii) Time of supply of service.
Answer:
(i) Tax on services supplied by a recovery agent to, inter alia, a non- banking financial company is payable
under reverse charge by such non-banking financial company.
Therefore, in the given case, person liable to pay GST is the NBFC - Newton Credits Ltd.
(ii) The time of supply of service on which GST is payable on reverse charge basis is earlier of the
following:-
(a) Date of payment as entered in the books of account of the recipient (18th April, 2021) or the date on
which the payment is debited in his bank account (20th April, 2021), whichever is earlier;
(b) Date immediately following 60 days since issue of invoice by the supplier,
i.e. 9th April, 2021.
Thus, time of supply of service is 9th April, 2021.
13. TAX INVOICE - Kartik & Co., a registered supplier under GST, provides the following information
regarding various tax invoices issued by it during the month of March, 2021:
(i) Value of supply charged in an invoice was ` 2,50,000 against the actual taxable value of `
2,30,000.
(ii) Tax charged in an invoice was ` 32,000 against the actual tax liability of ` 68,000 due to wrong
HSN code being chosen while issuing invoice.
(iii) Value charged in an invoice was ` 3,20,000 as against the actual value of ` 4,20,000 due to
wrong quantity considered while billing.
14. REGISTRATION - Examine, with reason, whether registration is required under CGST Act, 2017 in
the following independent cases:
(i) Aadhav Computers of Gujarat is providing Computer Maintenance Service. Aggregate turnover
of Aadhav Computers is ` 15 Lakh which comprises both inter- state and intra-state supply.
(ii) Soft Wings of West Bengal, exclusively trading in garments, supplies its taxable goods to
various States in India. Aggregate turnover of Wild Wings is ` 35 Lakh.
Answer
(i) Registration is compulsory for suppliers engaged in inter-State supply. However, threshold exemption of `
20 lakh [` 10 lakh in case of Specified Special Category States] is available in case of inter-State supply of
taxable services.
Therefore, Aadhav Computers (aggregate turnover ` 15 lakh) is not required to obtain registration as it
is engaged in inter-State supply of taxable services and thus, is eligible for threshold exemption of ` 20
lakh applicable for Gujarat.
(ii) The threshold limit for registration in the State of West Bengal for the persons engaged exclusively in
supply of goods, is ` 40 lakh. However, registration is compulsory if the supplier is engaged inter-State
supply of goods. The threshold exemption of ` 20 lakh/ ` 10 lakh is not available in case of inter-State
supply of taxable goods.
15. COMPOSITION SCHEME - M/s United Electronics, a registered dealer, is supplying all types of
electronic appliances in the State of Karnataka. Their aggregate turnover in the financial year 2019-
20 by way of supply of appliances was ` 120 Lakh.
The firm also expects to provide repair and maintenance service of such appliances from the financial
year 2020-21.
With reference to the latest amendments made in the CGST Act, 2017, examine:
(i) Whether the firm can opt for the composition scheme for the financial year 2020-21, as the
turnover may include supply of both goods and services?
(ii) If yes, up to what amount, the supply of service can be provided?
Answer
(i) The registered persons, whose aggregate turnover in the preceding financial year did not exceed ` 1.5
crore, may opt to pay tax under composition levy. The scheme can be availed by an intra-State supplier of
goods and supplier of restaurant service.
However, the composition scheme permits supply of marginal services (other than restaurant services)
for a specified value along with the supply of goods and restaurant service, as the case may be.
Thus, M/s United Electronics can opt for composition scheme for the financial year 2020-21 as its
aggregate turnover is less than ` 1.5 crore in the preceding financial year and it is not engaged in inter-
State outward supplies.
SURAJ AGRAWAL TAX CLASS | NEW DELHI | +91 85272 30445
GST By CA Suraj Agrawal SATC F.10
(ii) The registered person opting for composition scheme can also supply services (other than restaurant
services) for a value up to 10% of the turnover in the preceding year or ` 5 lakh, whichever is higher, in
the current financial year.
Thus, M/s United Electronics can supply repair and maintenance services up to a value of ` 12 lakh
[10% of ` 120 lakh or ` 5 lakh, whichever is higher] in the current financial year 2020-21.
16. Mr. Alok, a registered supplier of taxable goods, filed GSTR 3B for the month of January, 2021 on
15th April, 2021. The prescribed due date to file the said GSTR 3B was 20th February, 2021. The
amount of net GST payable on supplies made by him for the said month worked out to be ` 36,500
which was paid on the same date of filing the return. Briefly explain the related provisions and
compute the amount of interest payable under the CGST Act, 2017 by Mr. Alok.
Answer:
Interest is payable in case of delayed payment of tax @ 18% per annum from the date following the due
date of payment to the actual date of payment of tax .
Thus, the amount of interest payable by Mr. Alok is as under:- Period of delay = 21st February, 2021 to 15th
April, 2021
= 55 days
17. Discuss about the exemption available to the services provided by an Old Age Home under the
CGST Act, 2017.
Answer
The services provided by an old age home to its residents are exempt if the following conditions are
fulfilled:
(i) the old age home is run by Central Government, State Government or an entity registered under
section 12AA of the Income-tax Act, 1961.
(ii) The consideration charged is upto ` 25,000 per month per member.
(iii) The consideration charged is inclusive of charges for boarding, lodging and maintenance.
(iv) The residents of the old age home are aged 60 years or more.
18. Documents based on which ITC is taken should contain at least certain details. What are they?
Answer
The documents based on which ITC is taken should contain at least the following details:
(i) Amount of tax charged
(ii) Description of goods or services
(iii) Total value of supply of goods and/or services
(iv) GSTIN of the supplier and recipient
(v) Place of supply in case of inter-State supply
Note: Any four points may be mentioned out of the above mentioned five points.
19. Discuss about the late fee levied for delay in filing :
(i) Final Return
(ii) Annual Return
Answer
(i) The late fee levied for delay in filing final return is:
(a) ` 100 for every day during which such failure continues or
(b) ` 5,000
whichever is lower.
(ii) The late fee levied for delay in filing annual return is:
(a) ` 100 for every day during which such failure continues, or
(b) 0.25% of the turnover of the registered person in the State/Union Territory
whichever is lower.
Answer
Computation of net GST payable in cash of Mr. Himanshu for January 20XX
Particulars Value (`) CGST (`) SGST IGST
(`) (`)
Total tax liability
Intra-State outward supplies of goods 25,00,000 2,25,000 2,25,000
Inter-State outward supplies of goods 5,00,000 90,000
Total tax liability (A) 2,25,000 2,25,000 90,000
Input Tax Credit (ITC)
Brought forward ITC 95,000 60,000 50,000
Intra-State purchase of goods from registered dealer 14,00,000 1,26,000 1,26,000
[Note-1]
Inter-State purchase of goods from registered dealer 3,00,000 - - 54,000
[Note-1 and Note 4]
Purchase of car used for business purpose [Note-2] - - - -
Total ITC (B) 2,21,000 1,86,000 1,04,000
Net GST liability = (A)-(B) 4,000 39,000 (14,000)
Less: Set off from IGST credit [Note-4] 4,000 10,000
Net GST payable in cash Nil 29,000 Nil
2. M/s. Apna Bank Limited, a Scheduled Commercial Bank has furnished the following details for the
month of August, 20XX:
Particulars Amount ` in
Crores
(Excluding GST)
Extended Housing Loan to its customers 100
Processing fees collected from its customers on sanction of loan 20
Commission collected from its customers on bank guarantee 30
Interest income on credit card issued by the bank 40
Interest received on housing loan extended by the bank 25
Minimum balance charges collected from current account and saving account 01
holder
Compute the value of taxable supply. Give reasons with suitable assumptions.
Answer
Computation of value of taxable supply of M/s. Apna Bank Limited for the month of August, 20XX
Particulars Amount in
crores (`)
Housing loan extended to customers Nil
[Since money does not constitute goods, extending housing loan is not a supply.]
Processing fee collected on sanction of loan 20
[Interest does not include processing fee on sanction of the loan. Hence, the same is
taxable.]
Commission collected on bank guarantee 30
[Any commission collected over and above interest on loan, advance or deposit are not
exempt.]
Interest income on credit card issued by the bank 40
[Services by way of extending loans in so far as the consideration is represented by way of
interest are exempt from tax. However, interest involved in credit card services is not
exempt.]
Interest received on housing loan Nil
[Services by way of extending loans in so far as the consideration is represented by way of
interest are exempt from tax.]
Minimum balance charges collected from current account and saving account holder 01
[Any charges collected over and above interest on loan, advance or deposit are not
exempt.]
Value of taxable supply 91
3. Decide with reason whether the following independent services are exempt under CGST Act, 2017:
1. Gokul Residents' Welfare Association received ` 9,000 per month as contribution from each
member for sourcing of goods and services from third persons for common use of its members.
2. Mr. Vikalp, a performing artist, has received ` 1,58,000 from performance of classical dance and `
90,000 from acting in TV Serial during the month of June 20XX.
2. Services by an artist by way of a performance in folk or classical art forms of music, dance, or theatre, if
the consideration charged for such performance is not more than ` 1,50,000 are exempt from GST.
In the given case, since the consideration received by the performing artist- Mr. Vikalp for performance of
classical dance is more than ` 1,50,000, said services are not exempt.
Further, consideration received for acting in TV serial is also not exempt since said performance is not in
folk/classical art forms of theatre.
4. Examine the following independent cases of supply of goods and services and determine the time of
issue of invoice under each of the cases as per the provisions of CGST Act, 2017:
(i) Sakthi Enterprises, Kolkata entered into a contract with Suraj Enterprises, Surat for supply of
goods on 30th September, 20XX. The goods were removed from the factory at Kolkata on 11th
October, 20XX. As per the agreement, the goods were to be delivered by 31st October, 20XX. Suraj
Enterprises has received the goods on 14th October, 20XX.
(ii) Trust and Fun Ltd, an event management company, has provided its services for an event at
Kapoor Film Agencies, Mumbai on 5th June, 20XX. Payment for the event was made on 19th June,
20XX.
Answer:
(i) A registered person supplying taxable goods shall issue a tax invoice, before or at the time of removal of
goods for supply to the recipient, where the supply involves movement of goods.
Therefore, in the given case, invoice has to be issued on or before, 11th October 2018 (the time of
removal of goods).
(ii) A registered person [other than an insurer/banking company/financial institution, including an NBFC]
supplying taxable services shall issue a tax invoice before or after the provision of service, but within a
period of 30 days from the date of supply of service.
Thus, in the given case, invoice has to be issued within 30 days of 5th June 20XX (date of supply of
service), i.e. on or before, 5th July 20XX.
5. M/s. Daksha Enterprises has made a cash deposit of ` 10,000 under minor head 'tax' of major head
'SGST’. It has a liability of ` 2,000 for minor head "Interest" under the major head "SGST".
State whether M/s. Daksha Enterprises can utilise the amount available for payment of interest.
Answer
The cash available in any minor head of a major head cannot be utilised for any other minor head of the same
major head.
Therefore, in the given case, amount of ` 10,000 available under minor head ‘tax’ of major head ‘SGST’
cannot be utilised for payment of liability of ` 2,000 under minor head ‘interest’ of the same major head.
6. State with brief reason, whether following suppliers of taxable goods are required to register under
the GST Law :
(i) Mr. Raghav is engaged in wholesale cum retail trading of medicines in the State of Assam. His
aggregate turnover during the financial year is ` 9,00,000 which consists of ` 8,00,000 as Intra-
State supply and ` 1,00,000 as Inter-State supply.
(ii) Mr. S.N Gupta of Rajasthan is engaged in trading of taxable goods on his own account and also
acting as an agent of Mr. Rishi of Delhi. His turnover in the financial year 2020-21 is of ` 12 lakhs
on his own account and ` 9 lakhs on behalf of principal. Both turnovers are Intra -State supply.
Thus, in the given case Mr. Raghav is required to obtain registration compulsorily under GST laws even
though his aggregate turnover does not exceed the threshold limit.
(ii) Persons who make taxable supply of goods on behalf of other taxable persons whether as an agent or
otherwise are required to obtain registration compulsorily under GST laws irrespective of the quantum of
aggregate turnover.
Aggregate turnover includes all supplies made by the taxable person, whether on his own account or
made on behalf of all his principals.
Since Mr. S.N Gupta is also acting as an agent of Mr. Rishi of Delhi, he is required to obtain registration
compulsorily under GST laws.
7. Enumerate the persons who are not eligible to opt for Composition Scheme under section 10(2) of the
CGST Act, 2017.
Answer
A registered person shall not be eligible to opt for composition scheme if:-
(i) Save as provided in sub-section (1), he is engaged in supply of services other than supplies referred to
in clause (b) of paragraph 6 of Schedule II.
(ii) he is engaged in supply of goods not leviable to tax
(iii) he is engaged in inter-State outward supplies of goods
(iv) he is engaged in supply of goods through an electronic commerce operator
(v) he is a manufacturer of notified goods, namely, manufacturer of ice cream, aerated water, pan masala
and tobacco.
8. List out the situations in which a Credit note/Debit note may be issued under the CGST Act, 2017.
Answer
Credit note is required to be issued by the Supplier:-
(i) If taxable value charged in the tax invoice is found to exceed the taxable value in respect of supply of
goods and/or services, or
(ii) If tax charged in the tax invoice is found to exceed the tax payable in respect of supply of goods and/or
services, or
(iii) if goods supplied are returned by the recipient, or
(iv) if goods and/or services supplied are found to be deficient.
9. Answer the following questions with respect to casual taxable person under the CGST Act, 2017 :
(i) Who is a casual taxable person?
(ii) Can a casual taxable person opt for the composition scheme?
(iii) When is the casual taxable person liable to get registered?
(iv) What is the validity period of the registration certificate issued to a casual taxable person?
(v) Can the validity of registration certificate issued to a casual taxable person be extended? If yes,
what will be the period of extension?
Answer
Computation of net GST liability of Mr. Uttam Kumar October, 20XX
Particulars Amount (`) CGST (`) SGST (`)
Intra-State taxable supply of service 6,40,000 57,600 57,600
Add: Amount received from Kapola Pvt. Ltd. for service provided to 5,00,000 Nil Nil
company, being intra-State transaction [Note-1]
Add: Legal fee paid to senior advocate for one legal matter within 50,000 4,500 4,500
the State, being intra-State transaction [Note-2]
Add: Amount received for services provided as a commentator to a 1,20,0000 10,800 10,800
local recognized sports body, being intra-State transaction [Note-3]
Add: Amount received for acting as a coach in recreational activities 30,000 Nil Nil
relating to sports from one local charitable entity registered under
section 12AA of the Income Tax Act, 1961, being intra-
State transaction [Note-4]
Total tax payable 72,900 72,900
Less: Cash paid towards tax payable under reverse charge [A] 4,500 4,500
[Note-5]
Output tax payable against which ITC can be set off 68,400 68,400
Less: ITC of tax paid on legal fees paid to senior advocate 4,500 4,500
Output tax payable after set off of ITC [B] 63,900 63,900
Net GST liability [A] + [B] 68,400 68,400
11. Koli Ltd. supplies machinery to Ghisa Ltd. (Dealer in same State), provides following particulars
regarding the same. Determine the value of taxable supply of machinery.
Answer
Computation of taxable value of supply of machinery
S. No. Particulars Amount
(`)
(i) Price of machinery (exclusive of taxes and discounts) 5,50,000
(ii) Add: Amount paid by Ghisa Ltd. directly to the supplier for a part fitted in the 20,000
machinery[Note-1]
(iii) Add: Installation and testing charges [Note-2] 25,000
(iv) Less: Discount 2% on machinery price [` 5,50,000 x 2%] [Note-3] (11,0000)
(v) Less: Additional 1% discount at year end [Note-4] Nil
Value of taxable supply 5,84,000
12. Jamku Ltd. a registered person is engaged in the business of spices. It provides following details for
GST paid during October, 20XX.
Determine the amount of ITC available to Jamku Ltd. for the month October, 20XX with all related
workings and explanations.
All the conditions necessary for availing the ITC have been fulfilled.
Answer
Computation of ITC available with Jamku Ltd. for the month of October 20XX
Notes:-
1. Every registered person is entitled to take credit of input tax charged on any supply of goods to him which
are used or intended to be used in the course or furtherance of his business.
2. ITC is not available on goods used for personal consumption.
3. ITC on motor vehicles used for transportation of the employee is blocked credit.
4. ITC is not available on goods or services or both received by a taxable person for construction of an
immovable property (other than plant or machinery) on his own account including when such goods or
services or both are used in the course or furtherance of business.
Answer
(a) Section 24 of the CGST Act provides that persons making any inter-State taxable supply of goods are
required to obtain registration compulsorily under GST laws irrespective of the quantum of aggregate
turnover.
However, an agriculturist, to the extent of supply of produce out of cultivation of land, is not liable to
registration.
Assuming that Meenu is engaged in cultivation and supply of potatoes, she is not liable to registration of
the fact that she is engaged in making inter-State supply and her turnover exceeds the threshold limit.
Note: Any person engaged exclusively in the business of supplying exempted goods is not liable to
registration. Since potatoes are exempted goods, Meenu is not liable to obtain registration irrespective of
the fact that she is engaged in making inter-State supply and her turnover exceeds the threshold limit.
(b) Section 24 of the CGST Act specifies the categories of persons who are required to be mandatorily
registered under GST irrespective of the quantum of their aggregate turnover.
In the given case, Jinu Oils does not fall in any of the specified categories. Therefore, it is not required to
obtain registration compulsorily under GST.
However, as per section 22 of the CGST Act, 2017 read with Notification No. 10/2019 CT dated
07.03.2019, if the aggregate turnover of the person making exclusive intra - State taxable supplies of
goods in state Gujarat exceeds ` 40 lakhs in a financial year, is liable for registration.
Accordingly, Jinu Oils is liable obtain registration on the basis of the turnover since its aggregate turnover
[` 50 lakh - including turnover of exempt supply of petrol] exceeds the threshold limit of ` 40 lakhs.
(c) Section 24 of the CGST Act provides that persons who make taxable supply of goods and/or services on
behalf of other taxable persons whether as an agent or otherwise are required to obtain registration
compulsorily under GST laws irrespective of the quantum of aggregate turnover.
14. Jolla provides continuous supply of services regarding Annual Maintenance Contract (AMC) of Air
conditioner and all electronic items of Khotu Ltd. He provides following details regarding same:
They made contract for the AMC. As mentioned in contract, AMC will start from 01-10-2019 and will be
valid for a year. AMC ends on 30-09-2020. Jolla receives payment for the AMC on 31-10-2020.
Explain the time of issue of invoice in case of Continuous supply of Service (CSS) as per provisions
of CGST Act, 2017 and accordingly determine time of issue of invoice in following different
circumstances:
1. As mentioned in contract Khotu Ltd. have to make payment on 05-11-2020.
2. If terms of payment is not mentioned in AMC and also not agreed by both the parties.
In view of the aforesaid provisions, time of issue of invoice will be as follows in the given different
circumstances:
(a) If it is mentioned in contract that Khotu Ltd. has to make payment on 05.11.2020, the invoice shall be
issued on or before 05.11.2020.
(b) If terms of payment are not mentioned in AMC and are also not agreed by both the parties, the invoice
shall be issued on or before 31.10.2020.
Note: The question has been answered by considering the annual maintenance contract as continuous
supply of service. However, as per section 2(33) of the CGST Act, 2017 “continuous supply of services” inter
alia means a supply of services with periodic payment obligations.
15. Examine in relation to composition levy scheme u/s 10(1) under the CGST Act, 2017 and the rules
made there under in the following individual cases :
1. Ketu is a manufacturer of ice-cream and pan masala in State of Maharashtra. His turnover for the
year does not exceed ` 1.5 Crore. He wants to register for composition levy scheme. ls he eligible
for it ?
2. Jadhu of Gujarat opts for composition scheme during a financial year 2020-21. But on 10-02-2021
his turnover crosses ` 1.5 Crore, can he continue under composition levy scheme.
3. X Ltd. has 2 branches K & L in Delhi, having same PAN. Branch K opts for normal scheme. X Ltd.
want to continue composition levy in case of its branch L. Can X Ltd. continue composition levy
only for branch L?
Answer
1. A registered person who is engaged in manufacture of, inter alia, ice cream and pan masala, is not
eligible to opt for composition levy u/s 10(1) even if his aggregate turnover does not exceed ` 1.5 crore.
Therefore, in the given case, Ketu is not eligible to opt for composition levy.
2. The option to pay tax under composition levy availed of by a registered person lapses with effect from the
day on which his aggregate turnover during a financial year exceeds the threshold limit of ` 1.5 crore. He
needs to pay tax under normal scheme from that day.
Since in the given case, the turnover of Jadhu crosses ` 1.5 crore on 10.02.2021, he cannot continue
under composition scheme from that day.
3. Where person having the same Permanent Account Number, has more than one registration, the
registered person shall not be eligible to opt for composition scheme unless all such registered persons
opt to pay tax under composition scheme. In other words, all the registrations under the same PAN have
to opt for composition scheme.
In view of the same, in the given case, X Ltd. cannot continue with composition scheme only for branch L.
Answer
1. No, Mr. Kolly is not correct.
GSTR-1 needs to be filed even if there is no business activity (Nil Return) in the tax period. Therefore, in
the given case, even though Mr. Kolly was out of India and thus had not done any transaction during
February 20XX, he is still required to file GSTR- 1 for the said month.
2. A person paying tax under composition scheme is not liable to furnish the details of outward supplies in
GSTR-1.
Further, in cases where a taxpayer has been converted from a normal taxpayer to composition taxpayer,
GSTR-1 is to be filed only for the period during which the taxpayer was registered as normal taxpayer.
Therefore, in the given case, Mr. Kaji is not liable to file GSTR-1 for February, 2021 since he had already
shifted to composition scheme on 15.01.2021.
Note:
Question specifies that Mr. Kaji has converted from normal taxpayer to composition tax payer on
15.01.2021. However, as per rule 4(1) of the CGST Rules, 2017, the option to pay tax under composition
scheme shall be effective from the beginning of the financial year, where the intimation is filed by any
registered person who opts to pay tax under section 10.
17. NEW & IMPORTANT Explain the meaning of consignment note in relation to Goods Transport Agency
and state its contents as per provisions of the CGST Act, 2017.
Answer
Consignment note means a document, issued by a Goods Transport Agency (GTA) against the receipt of
goods for the purpose of transport of goods by road in a goods carriage, which is serially numbered.
Answer
Non-performance of a contract is the failure to fulfill the obligations under a contract. It is generally one of the
conditions stipulated in any contract for supply of goods/services.
The agreement entered into between the parties stipulates that both the service provider and service recipient
abide by the terms and conditions of the contract. In case any of the parties breach the contract for any
reason including non-performance of the contract, then such person is liable to pay damages in the form of
fines or penalty to the other party.
Tolerating non-performance of a contract in lieu of damages or fines is a supply in terms of section 7 of the
CGST Act, 2017 as it is made for a consideration by a person in the course or furtherance of business.
Further, tolerating non-performance of a contract is treated as a supply of service in terms of section 7 read
with Schedule II of CGST Act, 2017.
However, in case of supplies to Government, non-performance of contract by the supplier of service for which
consideration in the form of fines or liquidated damages is payable is exempt from GST.
19. What are the E-ledgers? State the entries to be debited to electronic liability register under the CGST
Act, 2017 and the CGST Rules, 2017.
Answer
Electronic Ledgers or E-Ledgers, i.e., Electronic Cash Ledger and Electronic Credit Ledger, are statements
of cash and input tax credit in respect of each registered taxpayer. In addition, each taxpayer shall also have
an electronic tax liability register.
The entries to be debited to electronic liability register under the CGST Act, 2017 and the CGST Rules, 2017
are as follows: -
(i) all amounts payable towards tax, interest, late fee and any other amount as per return filed;
(ii) all amounts payable towards tax, interest, penalty and any other amount determined in a proceeding by
an Assessing authority or as ascertained by the taxable person;
(iii) the amount of tax and interest payable due to mismatch;
(iv) any amount of interest that may accrue from time to time.
1. IMPORTANT - Mr. Thiraj, a registered supplier of service in Bangalore (Karnataka State) has provided
the following information for the month of April 20XX:
Particulars Amount in `
(i) Intra-state taxable supply of service 5,20,000
(ii) Legal fee paid to a Lawyer located within the state 20,000
(iii) Rent paid to the State Govt. for his office building 30,000
(iv) Received for services towards conduct of exams in Loveall University, Pune
(recognized by law), being an inter-state transaction 16,000
Compute the net GST liability (CGST, SGST or IGST) of Mr. Thiraj for the month of April 2019.
Rate of CGST, SGST and IGST are 9%, 9% and 18% respectively.
All the amounts given above are exclusive of taxes.
Solution:
Computation of net GST liability by Mr. Thiraj for the month of April 20XX:
Particulars Value of CGST SGST IGST
supply @ 9% @ 9% @ 18%
Output supply
(i) Intra-State taxable supply of services 5,20,000 46,800 46,800
(iv) Services towards conduct of exams in Loveall
University, Pune [Note-1] 16,000 Exempt
Inward supply (Reverse Charge)
(ii) Legal fee paid to lawyer located within State
[Note-2] 20,000 1,800 1,800
(iii) Rent paid to State Government for Office Building
[Note-3] 30,000 2,700 2,700
Total tax liability 51,300 51,300
Less: Cash paid towards tax payable under reverse
charge [A] [Note-4] -4,500 -4,500
Output tax payable against which ITC can be set
off 46,800 46,800
Less: ITC of tax paid on legal fees and rent -4,500 -4,500
Output tax payable after set off of ITC [B] 42,300 42,300
Net GST liability [A] + [B] 46,800 46,800
1. Since Loveall University provides education recognized by law, it is an educational institution and services
provided to an educational institution, by way of conduct of examination by such institution are exempt
from GST.
2. In case of legal services provided by an advocate to any business entity GST is payable under reverse
charge by the recipient of service.
3. In case of services supplied by, inter alia, State Government by way of renting of immovable property to a
person registered under the CGST Act, GST is payable under reverse charge by the recipient of service
4. The amount available in the electronic credit ledger may be used for making payment towards output tax.
However, tax payable under reverse charge is not an output tax. Therefore, tax payable under reverse
charge cannot be set off against the input tax credit and thus, will have to be paid in cash.
Determine the amount of ITC available to M/s. CANWIN Ltd. for the month of January 20XX by giving
brief explanations for treatment of various items. Subject to the information given above, all the
conditions necessary for availing the ITC have been fulfilled.
Solution:
Notes:-
Input tax credit on goods purchased on the basis of debit note which is a valid document is allowed.
Where depreciation has been claimed on the tax component of the cost of capital goods and plant and
machinery under the provisions of the Income -tax Act, 1961, the input tax credit on the said tax
component is not allowed.
Input tax credit on works contract services supplied for construction of an immovable property is
specifically disallowed except where it is an input service for further supply of works contract service.
3. Ms. Achintya, a registered supplier in Kochi (Kerala State) has provided the following details in
respect of her supplies made Intra-State for the month of Jan 20XX:
Particulars Amount in `
(i) List price of goods supplied intra-state (exclusive of items 3,30,000
given below from ii to v)
(ii) Swachh Bharat cess levied on sale of the goods 12,500
(iii) Packing expenses charged separately in the invoice 10,800
(iv) Discount of 1% on list price of goods was provided (recorded
in the invoice of goods)
(v) Subsidy received from State Govt. for encouraging women 5,000
entrepreneurs
Compute the value of taxable supply and the gross GST liability of Ms. Achintya for the month of Jan
20XX assuming rate of CGST to be 9% and SGST to be 9%. All the amounts given above are exclusive
of GST
Notes:-
As per section 15 of CGST Act, 2017,
1. Any taxes, duties and cesses levied under any law other than CGST , SGST is includible in the value.
2. Packing expenses being incidental expenses, are includible in the value.
3. Since subsidy is received from State Government, the same is not includible in the value. It has been
assumed that such subsidies are directly linked to the price of the goods. Further, since the same has not
been adjusted in the list price, the same is to be excluded from the list price.
4. Since discount is known at the time of supply, it is deductible from the value.
Note: In the above answer, the term “exclusive” mentioned in the question has been taken to be as “not
adjusted in the list price”, i.e. the list price given in the question is before adjusting the amount of discount and
subsidy. However, it is also possible to take a view that the list price “excludes” amount of discount
and subsidy. Therefore, the same need not be deducted again from the list price to arrive at the
taxable value.
4. Explain the meaning of supply as per provisions of Section 7(1) of CGST Act, 2017.
Solution:
As per section 7(1) of CGST Act, 2017, the term supply includes –
a) all forms of supply of goods or services or both such as sale, transfer, barter,
b) exchange, license, rental, lease or disposal made or agreed to be made for a consideration by a person,
in the course or furtherance of business;
c) import of services for a consideration whether or not in the course or furtherance of business;
d) the activities specified in Schedule I, made or agreed to be made without a consideration; and
e) the activities to be treated as supply of goods or supply of services as referred to in Schedule II.
5. Decide with reason whether the following independent services are exempt under CGST Act, 2017 :
(i) M/s Fast Trans, a goods transport agency, transported relief materials meant for victims of Kerala
floods being a natural disaster, by road from Delhi to Ernakulam, for a Limited Co.
(ii) Keyan Enterprises, an event organizer, provided services to Breathing Wall Ltd. By way of
organizing business exhibition at Pragati Maidan in New Delhi as part of Make in India initiative.
Solution:
Services provided by a goods transport agency, by way of transport in a goods carriage of, inter alia, relief
materials meant for victims of inter alia natural or man-made disasters are exempt from GST. Therefore,
services provided by M/s Fast Trans will be exempt from GST.
Services provided by an organiser to any person in respect of a business exhibition held outside India is
exempt from GST. Since in the given case, the exhibition is organized in India, the services of organization of
event by Keyan Enterprises will not be exempt from GST.
'Safe Trans', a Goods Transport Agency, transported goods of Kapil & Co., a partnership firm
which is not registered under GST.
Solution:
In case of services provided by any person by way of sponsorship to any body corporate or partnership
firm / LLP, GST is liable to be paid under reverse charge by such body corporate or partnership firm / LLP
located in the taxable territory. Therefore, in the given case, WE-WIN Cricket Academy is liable to pay
GST under reverse charge.
In case of services provided by Goods Transport Agency (GTA) in respect of transportation of goods by
road to, inter alia, any partnership firm whether registered or not under any law; GST is liable to be paid
by such partnership firm. Therefore, in the given case, Kapil & Co. is liable to pay GST under reverse
charge.
7. Determine with brief reasons, whether the following statements are True or False:
(i) Registration under the CGST Act, 2017 can be cancelled by the proper officer, if the voluntarily
registered person has not commenced the business within three months from the date of
registration.
Solution:
Registration under the CGST Act, 2017 can be cancelled by the proper officer, if the voluntarily registered
person has not commenced the business within six months from the date of registration.
8. Mr. Lakhan provides Continuous Supply of Services (CSS) to M/s. TNB Limited. He furnishes the
following further information:
(i) Date of commencement of providing CSS - 01-10-2020
(ii) Date of completion of providing CSS - 31-01-2021
(iii) Date of receipt of payment by Mr. Lakhan - 30-03-2021
Determine the time of issue of invoice as per provisions of CGST Act, 2017, in the following
circumstances:
(ii) If no due date for payment is agreed upon by both under the contract of CSS.
(iii) If payment is linked to the completion of service.
(iv) If M/s. TNB Limited has to make payment on 25-03-2021 as per the contract between them
Solution:
(i) Where the due date of payment is not ascertainable from the contract, the invoice shall be issued before
or at the time when the supplier of service receives the payment.
Thus, in the given case, the invoice should be issued on or before 30.03.2021 (date of receipt of payment
by Mr. Lakhan).
(ii) If payment is linked to the completion of an event, the invoice should be issued on or before the date of
completion of that event.
Since in the given case payment is linked to the completion of service, invoice should be issued on or
before 31.01.2021 (date of completion of service).
If M/s. TNB Limited has to make payment on 25.03.2021 as per the contract between them, the invoice
should be issued on or before 25.03.2021.
9. A tax payer can file GSTR-1 under CGST Act, 2017, only after the end of the current tax period. State
exceptions to this.
Solution:
A taxpayer can file GSTR-1 under CGST Act, 2017, only after the end of the current tax period. However,
following are the exceptions to this rule:
(i) Casual taxpayers, after the closure of their business
(ii) Cancellation of GSTIN of a normal taxpayer.
10. State the persons who are not liable for registration as per provisions of Section 23 of Central Goods
and Service Tax Act, 2017.
Solution:
As per provisions of Section 23 of CGST Act, 2017, the persons who are not liable for registration are as
under–
a) Person engaged exclusively in supplying goods/services/both that are wholly exempt from tax.
b) Person engaged exclusively in supplying goods/services/both that are not liable to tax.
d) Persons only engaged in making supplies of taxable goods or services or both liable to reverse charge.
f) Casual Taxable Persons making taxable supplies of specified handicraft goods up to an aggregate
turnover of ` 20 lakh (` 10 lakh in case of notified special category States) subject to specified conditions.
h) Job workers making inter-State supply of services to a registered person up to an aggregate turnover of `
20 lakh (` 10 lakh in case of notified special category States) subject to specified conditions.
i) Persons making supplies of services through an electronic commerce operator (other than supplies
specified under section 9(5) of the CGST Act) up to an aggregate turnover of ` 20 lakh (` 10 lakh in case
of notified special category States).
11. Mr. Allan, a non-resident person, wishes to provide taxable supply of goods. He has no fixed place of
business or residence in India. He seeks your advise on the following aspects, relating to CGST Act,
2017:
He has to submit a self-attested copy of his valid passport along with the application signed by his
authorized signatory who is an Indian Resident having valid PAN.
However, in case of a business entity incorporated or established outside India, the application for
registration shall be submitted along with its tax identification number or unique number on the basis of
which the entity is identified by the Government of that country or its PAN, if available.
(iv) Yes, Mr. Allan can get the validity of his registration extended. Registration can be extended further by a
period not exceeding 90 days.
12. List any four Central levies, which are subsumed in GST.
Solution:
a) The Central levies which are subsumed in GST are as under:-
c) Service tax
e) CVD
f) Special CVD
h) Central surcharges and cesses in so far as they relate to supply of goods & services
13. Ms. Jimmy wants to adjust input tax credit for payment of interest, penalty and payment of tax under
reverse charge. Explain whether she can do so.
Solution:
The input tax credit as self-assessed in the return of a registered person shall be credited to his electronic
credit ledger which may be used for making any payment towards output tax.
“Output tax” inter alia excludes tax payable on reverse charge basis.
Thus, Ms. Jimmy cannot adjust input tax credit for payment of interest, penalty as also for payment of tax
under reverse charge.
Solution:
(a)
S.No. Particulars `
1 Running a boarding school Nil
[Services provided by an educational institution to its students, faculty and staff
are exempt.]
2 Fees from prospective employer for campus interview 1,70,000
[Not exempt.]
3 Education services for obtaining the qualification recognised by law of foreign 3,10,000
country
[An institution providing education services for obtaining qualification
recognized by a foreign country does not qualify as educational institution.
Thus, said services are not exempt.]
5 Conducting Modular Employable Skill Course [An institution providing Modular Nil
Employable Skill Course qualifies as educational institution. Services provided
by an educational institution to its students, faculty and staff are exempt.]
Amount (`)
(excluding
Particulars GST) CGST SGST IGST
Services availed from courier agency 5,000 450 450 Nil
Railway travelling expenses from Mumbai to
Ahmedabad and Return Ticket for conducting of
audit of M/s Tirupati Trading Pvt. Ltd. for 3 Tier AC 12,000 Nil Nil 600
Service availed from another professional firm at
Mumbai amount is paid without TDS u/s 194J of
Income Tax Act 20,000 Nil Nil 3,600
Notes:
(i) Rate of CGST, SGST and IGST to be 9%, 9% & 18% respectively, on outward supplies.
(ii) All the conditions necessary for availing the ITC have been fulfilled.
(iii) Opening balance of available input tax credit is Nil for CGST, SGST and IGST.
Compute the net gst payable by M/s J & Co. for the month August, 2020 after adjusting the GST
credit. Brief reasoning should form part of your answer.
Solution:
Computation of net GST payable by M/s J & Co. for the month of August, 2020
S. Particulars CGST SGST IGST
No. (`) (`) (`)
(i) Professional services and services of ITR 9,000 9,000 -
filing and IT Consultancy [` 1,00,000]
(ii) Internal audit services [` 50,000] 4,500 4,500 -
(iii) Statutory audit services [` 70,000] - - 12,600
Total GST 13,500 13,500 12,600
Less: ITC (Refer working note) 450 450 4,200
Net GST payable 13,050 13,050 8,400
16. JP Charitable Institution, an entity registered under Section 12AA of Income Tax Act, 1961 and
registered in GST, has furnished you the following details with respect to the activities undertaken by
it during the month of January, 20XX. You are required to compute its taxable value of GST from the
information given below, assuming that the rate of GST is 18%. Brief reasoning should be part of your
answer.
Particulars Amount (`)
Excluding GST
Membership fees received from members 10,00,000
Amount received for advancement of educational programs relating 4,00,000
to abandoned or orphaned or homeless children
Amount received for renting of commercial property owned by Trust 5,00,000
Amount received for counselling of terminally ill person 3,50,000
Fees charged for Yoga Camp conducted by Trust 2,00,000
Amount received relating to preservation of forest & wildlife 6,00,000
Particulars `
(i) Membership fees received from members 10,00,000
(ii) Amount received for advancement of educational programs relating Nil
to abandoned/orphaned/homeless children
(iii) Amount received for renting of commercial property owned by Trust 5,00,000
(iv) Amount received for counselling of terminally ill person Nil
(v) Fee charged for Yoga Camp conducted by Trust Nil
(vi) Amount received relating to preservation of Forest & Wildlife Nil
Taxable Value 15,00,000
Charitable activities provided by an entity registered under section 12AA of the Income-tax Act, 1961 are
exempt. Since JP Charitable Institution is registered under section 12AA of the Income-tax Act, 1961 and
activities mentioned at points (ii), (iv), (v) and (vi) are included in charitable activities, the same are
exempt.
It has been logically assumed that the commercial property owned by the Charitable Trust is not within
the precincts of a religious place meant for general public.
17. Mr. XYZ & Co., a firm of Chartered Accountants, issued invoice for services rendered to Mr. A on 7th
September, 20XX. Determine the time of supply in the following independent cases:
Solution:
Time of supply will be:
Compute net GST liability (CGST, SGST, IGST as the case may be) of M/s Maheshwari Corporation
Pvt. Ltd. for the month of Dec, 20XX assuming the rates of GST, unless otherwise specified, as under:
CGST – 9%, SGST – 9%, IGST – 18%
Solution:
Computation of net GST liability of M/s Maheshwari Corporation Pvt. Ltd.
As per order of utilization of ITC, ITC of IGST can be used to pay CGST or SGST in any order as there
is no IGST liability.
19. Harshgeet Pvt. Ltd., a registered supplier, is engaged in the manufacture of taxable goods. The
company provides the following information pertaining to GST paid on the purchases made/input
services availed by it during the month of July, 20XX:
Sr. Particulars GST paid
No
(1) Raw Material (to be received in September, 20XX) 2,50,000
(2) Membership of a club availed for employees working in the factory 1,45,000
(3) Inputs to be received in 5 lots, out of which 3rd lot was received 80,000
during the month
(4) Trucks used for transport of raw material 40,000
(5) Capital goods (out of 3 items, invoice for 2 items is missing and 1,50,000
GST paid on that item is ` 80,000)
Determine the amount of tax credit available with Harshgeet Pvt. Ltd. for the month of July, 20XX by
giving the necessary explanation for treatment of various items. All the conditions necessary for
availing the ITC have been fulfilled.
SURAJ AGRAWAL TAX CLASS | NEW DELHI | +91 85272 30445
GST By CA Suraj Agrawal SATC H.11
Solution:
Computation of ITC available with Harshgeet Pvt. Ltd. for the month of July, 20XX
Particulars `
Raw Material Nil
[ITC not available as raw material is not received in July, 20XX]
Inputs to be received in 5 lots, out of which 3rd lot was received during the month Nil
[In case of goods received in lots, ITC can be taken only upon receipt of the last lot]
20.
i. There is a dairy farm selling milk and milk products in Delhi. The turnover of his dairy farm is as
below
Milk (Exempted) : ` 39,90,000
Butter (Taxable) : ` 50,000
What is the registration liability under GST for the above mentioned person assuming he has
same PAN?
ii. Amit, a taxable person, is operating in Tamilnadu, Punjab and West Bengal, with the same PAN.
Can he operate with a single registration in West Bengal?
Solution:
(i) As per section 22 of the CGST Act, 2017 read with Notification No. 10/2019 CT dated 07.03.2019, a
supplier is liable to be registered in the State/Union territory from where he makes a taxable supply of
goods and/or services, if his aggregate turnover in a financial year exceeds the threshold limit.
The threshold limit for a person making exclusive intra - State taxable supplies of goods is as
under:-
(a) ` 10 lakh for the States of Mizoram, Tripura, Manipur and Nagaland.
(b) ` 20 lakh for the States of States of Arunachal Pradesh, Meghalaya, Puducherry, Sikkim,
Telangana and Uttarakhand.
(c) ` 40 lakh for rest of India.
However, the higher threshold limit of ` 40 lakh is not available to persons engaged in making supplies of
ice cream and other edible ice, whether or not containing cocoa, Pan masala and Tobacco and
manufactured tobacco substitutes.
Further, aggregate turnover, inter alia, means the aggregate value of all taxable supplies as well as
exempt supplies.
Here Supplier is exclusively in supply of goods & located in Delhi. Hence, threshold limit of ` 40,00,000 is
applicable.
Aggregate Turnover is
= ` 39,90,000 + ` 50,000
= ` 40,40,000
Since aggregate turnover of the dairy farm in Delhi exceeds ` 40 lakh, it is liable to get registered.
However, if he is not making taxable supplies from Tamilnadu and Punjab, he can operate with a
single registration in West Bengal.
21. Differentiate between direct and indirect taxes (Give any two points)
Solution:
1. In case of direct taxes, the person paying the tax to the Government directly bears the incidence of the
tax whereas in case of indirect taxes, the person paying the tax to the Government collects the same
from the ultimate consumer, i.e. incidence of tax is shifted to the other person.
2. Direct taxes are progressive in nature - high rate of taxes for people having higher ability to pay.
However, indirect taxes are regressive in nature - All the consumers equally bear the burden, irrespective
of their ability to pay.
22. Can a person get himself voluntarily registered though he may not be liable to pay GST?
Solution:
Yes. a person, though not liable to be registered under sections 22 or 24 of CGST Act, 2017 may get himself
registered voluntarily. Once a person obtains voluntary registration, he has to pay tax even though his
aggregate turnover does not exceed threshold limits.
23. What kinds of invoice details of outward supplies are required to be furnished in GSTR-1 for outward
supplies?
Solution:
The invoice details of outward supplies required to be furnished in GSTR-1 are - name of Buyer, GSTN of
buyer, invoice no., date, value, taxable value, rate of tax, amount of tax, HSN code in respect of supply of
goods, accounting code in respect of supply of services and place of supply.
Further, following invoice details of outward supplies are required to be furnished invoice-wise in GSTR-1 –
(i) intra-State supplies made to the registered persons
(ii) inter-State supplies made to the registered persons;
(iii) inter-State supplies made to unregistered persons with invoice value exceeding ` 2,50,000
Note: The question may be answered either on the basis of invoice details of outward supplies required to be
furnished in GSTR-1 or on the basis of invoice details of outward supplies required to be furnished invoice-
wise in GSTR-1.
24. Discuss the provisions relating to issuance of credit notes and debit notes under CGST Act and rules
there under.
Solution:
Credit note is required to be issued:-
(i) if taxable value charged in the tax invoice is found to exceed the taxable value in respect of supply of
goods and/or services, or
(ii) if tax charged in the tax invoice is found to exceed the tax payable in respect of supply of goods and/or
services, or
(i) if taxable value charged in the tax invoice is found to be less than the taxable value in respect of supply of
goods and/or services or
(ii) if tax charged in the tax invoice is found to be less than the tax payable in respect of supply of goods
and/or services
25. State whether the following supplies would be treated as supply of goods or supply of services as per
Schedule II of CGST Act:
i. Renting of immovable property
ii. Transfer of right in goods without transfer of title in goods.
iii. Works contract services
iv. Temporary transfer of permitting use or enjoyment of any intellectual property right
v. Sale of personal car to dealer.
Solution:
(i) Renting of immovable property would be treated as supply of services in terms of Schedule-II of CGST
Act, 2017.
(ii) As per Schedule-II of CGST Act, 2017, transfer of right in goods without transfer of title in goods would be
treated as supply of services.
(iii) As per Schedule-II of CGST Act, 2017, works contract services would be treated as supply of services.
(iv) As per Schedule-II of CGST Act, 2017, temporary transfer of permitting use or enjoyment of any
intellectual property right would be treated as supply of services.
(v) As per Schedule-II of CGST Act, 2017, sale of personal car to dealer would be treated as supply of goods
as any transfer of the title in goods is a supply of goods.
However, it is also possible to take view that sale of personal car to dealer is not a supply per se
as supply is not made by the individual in the course or furtherance of business.
Note: The question may be answered on the basis of either of the two views.
26. Insight Ltd. is operating in West Bengal. The tax liability for the month of April, 20XX is as follows :
Sl. No. Tax liability West Bengal (`)
1 Output CGST payable 24,000
2 Output SGST payable 9,000
3 Output IGST payable 3,000
4 Input CGST 7,000
5 Input SGST 14,000
6 Input IGST 12,000
Calculate tax payable and carry forward for the month of April, 20XX.
Solution:
Computation of net tax payable and carry forward for the month of April, 20XX
27. M/s Software Limited reduced the amount of ` 2,00,000 from the output tax liability in contravention of
provisions of section 42(10) of the CGST Act, 2017 in the month of December 2020, which is ineligible
credit. A show cause notice was issued by the Tax Department to pay tax along with interest. M/s
Software Limited paid the tax and interest on 31st March, 2021. Calculate interest liability (Ignore
penalty).
Solution:
A taxable person who makes an undue or excess claim of input tax credit shall pay interest @ 24% p.a. on
such undue or excess claim. The period of interest will be from the date following the due date of payment to
the actual date of payment of tax.
Due date of payment is 20th January, 2021.
Period for which interest is due = 21st January, 2021 to 31st March, 2021 =71 days
Thus, interest liability = ` 2,00,000 x 24% x 71/365
=` 9,337 (approx.)
1. Mr. Nimit, a supplier of goods, pays GST under regular scheme. He is not eligible for any threshold
exemption. He has made the following outward taxable supplies in the month of August, 20XX:-
`
Intra state supplies of goods 6,00,000
Inter state supplies of goods 2,00,000
He has also furnished following information in respect of purchases made by him from registered
dealers during August, 20XX:-
`
Intra state purchase of goods 4,00,000
Inter state purchase of goods 50,000
Balance of ITC available at the beginning of the August 20XX:-
CGST 15,000
SGST 35,000
IGST 20,000
Note:
(i) Rate of CGST, SGST and IGST to be 9%, 9% and 18% respectively, on both inward and outward
supplies.
(ii) Both inward and outward supplies given above are exclusive of taxes, wherever applicable.
(iii) All the conditions necessary for availing the ITC have been fulfilled.
Compute the net GST payable by Mr. Nimit for the month of August, 20XX
Solution:
Computation of net GST payable by Mr. Nimit for the month of August, 20XX
(7,000)-SGST
Net GST payable 3,000 Nil Nil
Note: ITC of SGST has been used to pay SGST and IGST in that order.
Solution:
Computation of value of taxable supply made by Shri Krishna Pvt. Ltd.
Particulars `
Price of the goods 1,00,000
Municipal tax 2,000
[Includible in the value as per section 15 of the CGST Act, 2017]
Inspection charges 15,000
[Being incidental expenses, the same are includible in the value as per
section 15 of the CGST Act, 2017]
Subsidy received from Shri Ram Trust 50,000
[Since subsidy is received from a non-Government body, the same is
includible in the value in terms of section 15 of the CGST Act, 2017]
Late fees for delayed payment [Not includible since waived off] Nil
Weighment charges paid to Radhe Pvt. Ltd. by Shri Balram Pvt. Ltd. on 2,000
behalf of Shri Krishna Pvt. Ltd.
[Liability of the supplier being discharged by the recipient, is includible
in the value in terms of section 15 of the CGST Act, 2017]
Value of taxable supply 1,69,000
3. M/s. Pradyumn Corporation Pvt. Ltd., a registered dealer of Mumbai furnishes you following
information for the month of February, 20XX.
Particulars Amount
(i) Intra state sale of Taxable goods (out of above ` 50,000 was received as advance
in January, 20XX) 2,00,000
(ii) Received for services by way of labour contracts for repairing a single residential
unit otherwise than as a part of residential complex (It is Intra-State transaction) 50,000
(iii) Professional fees paid to Ms. Udadhi located in a non-taxable territory
(It amounts to Inter State transaction) 50,000
Compute GST liability (CGST, SGST or IGST, as the case may be) of M/s Pradyumn Corporation Pvt.
Ltd. for the month of Feb, 20XX.
CGST 9%
SGST 9%
lGST 18%
Note: Turnover of M/s. Pradyumn Corporation Pvt. Ltd. was ` 2 crore in the previous financial year.
Total GST liability for the month of Feb, 22,500 22,500 9,000
20XX
Notes:
1. Section 12 of CGST Act, 2017 read with Notification No. 66/2017 CT dated 15.11.2017 provides that
the time of supply for all suppliers of goods (excluding composition suppliers) is the time of issue of
invoice, without any turnover limit. [Time of Supply Chapter]
Thus, liability to pay tax on the advance received in January, 20XX will also arise in the month of
February, when the invoice for the supply is issued. [Any advance against Goods is now not
taxable in the month of receipt]
3. In case of service supplied by a person located in a non -taxable territory to a person other than non-
taxable online recipient, GST is payable under reverse charge by such recipient.
4. IMP: List the activities to be treated as supply under CGST Act, 2017 even if made without
consideration.
Solution:
Activities to be treated as supply even if made without consideration in terms of section 7 of CGST
Act, 2017 read with Schedule I:-
1. Permanent transfer or disposal of business assets where input tax credit has been availed on such
assets.
2. Supply of goods or services or both between related persons or between distinct persons as specified in
section 25 of the CGST Act, 2017, when made in the course or furtherance of business.
However, gifts not exceeding ` 50,000 in value in a financial year by an employer to an employee shall
not be treated as supply of goods or services or both.
3. Supply of goods —
(a) by a principal to his agent where the agent undertakes to supply such goods on behalf of the
principal; or
(b) by an agent to his principal where the agent undertakes to receive such goods on behalf of the
principal.
4. Import of services by a taxable person from a related person or from any of his other establishments
outside India, in the course or furtherance of business.
5. On 4th September, 20XX, V.R. Mehman a famous music composer, received ` 3 crore of On 4th
September, 20XX, V.R. Mehman a famous music composer, received ` 3 crore of consideration from
Zilmil Music Co. Ltd. for sale of copyright of his original music album. He finished his work & made
available the CD to the music company on 20th July, 20XX & raised the invoice on 24th July, 20XX.
What will be the time of supply as per CGST Act, 2017?
Date immediately following 60 days since issue of invoice by the supplier (23.09.20XX)
6. State, with reason, person liable to pay GST in each of following independent cases. Assume
recipient is located in taxable territory.
(i) Rental income received by Tamil Nadu State Government from renting an immovable property to
Mannappa Pvt. Ltd. (Turnover of the company was ` 22 lakhs in the preceding FY) registered
under CGST Act 2017.
(ii) Legal Fees received by Mr. Sushrut, a senior advocate, from M/s. Tatva Trading Company having
turnover of ` 50 lakhs in preceding F. Y.
Solution:
(i) Notification No. 12/2017 CT (R) dated 28.06.2017 has inter alia exempted the services provided by the
State Government to a business entity with an aggregate turnover of up to ` 20 lakh (` 10 lakh in case of
a notified Special Category States) in the preceding FY. However, the same shall not apply to services
by way of renting of immovable property.
In the given case, services by way of renting of immovable property is provided by Tamil Nadu
Government to Mannappa Pvt. Ltd.. Thus, GST is payable in the given case.
Notification No. 13/2017 CT (R) dated 28.06.2017 as amended inter alia provides that reverse charge is
applicable in case of services supplied by the State Government by way of renting of immovable property
to a person registered under the Central Goods and Services Tax Act, 2017. Thus, GST is payable by
Mannappa Pvt. Ltd., being a registered person in the present case.
(ii) GST on legal services supplied by a senior advocate [Mr. Sushrut] to any business entity [M/s. Tatva
Trading Company] located in the taxable territory is payable on reverse charge basis.
Therefore, in the given case, person liable to pay GST is the recipient of services, i.e., M/s. Tatva Trading
Company.
7. Bharat Associates Pvt. Ltd. purchased machinery worth ` 9,00,000 (excluding GST) on 20-07-2020 on
which it paid GST @ 18% and availed the ITC. On 05-03-2021, it sold the machinery for ` 7,00,000
(excluding GST) to Hindustan Associates Pvt. Ltd. The GST rate on sale is 18%. What will be the
course of action for Bharat Associates Pvt. Ltd. to follow under CGST Act, 2017?
Solution:
If capital goods or plant and machinery on which input tax credit (ITC) has been taken are supplied
outward by a registered person, he must pay an amount that is higher of the following:
(a) ITC taken on such goods reduced by 5% per quarter of a year or part thereof from the date of issue of
invoice for such goods or
Accordingly, the amount payable on supply of machinery by Bharat Associates Pvt. Ltd. shall be
computed as follows:
Particulars `
ITC taken on the machinery (` 9,00,000 × 18%) 1,62,000
Less: ITC pertaining to the period of usage of the capital goods 24,300
= (` 1,62,000 × 5%) × 3 quarters
SURAJ AGRAWAL TAX CLASS | NEW DELHI | +91 85272 30445
GST By CA Suraj Agrawal SATC I.5
Amount of reduced ITC based on percentage points (A) 1,37,700
Duty leviable on transaction value (` 7,00,000 × 18%) (B) 1,26,000
Amount payable towards disposal of machinery is higher of (A) and (B) 1,37,700
8. What is CIN?
Solution:
CIN is Challan Identification Number. It is generated by the banks indicating that the payment has been
realized and credited to the appropriate government account against a generated challan.
Solution:
Interest is payable in the following cases in terms of section 50 of CGST Act, 2017:-
Delay / failure to pay tax, in full or in part within the prescribed period
undue or excess claim of input tax credit
undue or excess reduction in output tax liability.
10. How does the new payment system benefit the taxpayer & the Commercial Tax Department?
Solution:
The new payment system benefits the taxpayer and the commercial tax department in the
following ways:
Benefits to Taxpayer: -
No more queues and waiting for making payments as payments can be made online 24 X 7.
Electronically generated challan from GSTN common portal in all modes of payment and no use of
manually prepared challan. Paperless transactions.
Instant online receipts for payments made online.
Tax consultants can make payments on behalf of the clients.
Single challan form to be created online, replacing the three or four copy Challan.
Greater transparency.
Online payments made after 8 pm will be credited to the taxpayer’s account on the same day.
Benefits to the Commercial Tax Department:-
Revenue will come earlier into the Government Treasury as compared to the old system.
Logical tax collection data in electronic format.
Speedy accounting and reporting.
Electronic reconciliation of all receipts.
Warehousing of digital challan.
Note: Any two points each may be mentioned for Taxpayer and Commercial Tax Department.
"When the change in constitution of business results in change in PAN, the business entity can apply
for amendment of registration in prescribed manner within 15 days."
Solution:
The said statement is FALSE.
When a change in constitution of a business results in change of PAN of the registered person, the said
person shall apply for fresh registration. The reason for the same is that GSTIN is PAN based. Any
change in PAN would warrant a new registration.
12. Mrs. Pragati received legal advice for her personal problems & paid ` 1,000 pound as a legal fees to
Miss Unnati of U.K. (London).
Explain whether the above activity of import of service would amount to supply u/s 7 of the CGST
Act, 2017?
If in above case both of them are real sisters & no consideration is paid then will it change your
answer?
Further in the above case if both of them are real sisters & Mrs. Pragati receives legal advice for her
business & she doesn't pay any consideration then what will be your answer?
Solution:
Supply, under section 7 of the CGST Act, 2017, inter alia,
Thus, although the import of service for consideration by Mrs. Pragati is not in course or furtherance of
business, it would amount to supply.
Further, import of services by a person from a related person located outside India, without consideration is
treated as supply if it is provided in the course or furtherance of business.
In the given case, import of service without consideration by Mrs. Pragati from her real sister - Miss Unnati
[real sister, being member of the same family, is a related person] will not be treated as supply as it is not
in course or furtherance of business.
However, import of service without consideration by Mrs. Pragati from her sister - Miss Unnati (related person)
will be treated as supply if she receives legal advice for her business, i.e. in course or furtherance of
business.
13. Explain the provision relating to filing of Annual Return under Section 44 of CGST Act, 2017 and
Rules there under.
Solution:
Every registered person, other than
an Input Service Distributor,
a person deducting/collecting tax at source,
a casual taxable person and
a non-resident taxable person,
shall furnish an annual return for every financial year electronically in prescribed form on or
before 31st December following the end of such financial year.
Every registered person who is required to get his accounts audited under section 35(5) of the CGST Act,
2017 shall furnish the annual return electronically along with a copy of the audited annual
accounts and a reconciliation statement, reconciling the value of supplies declared in the return
furnished for the financial year with the audited annual financial statement, and other prescribed
particulars.
SURAJ AGRAWAL TAX CLASS | NEW DELHI | +91 85272 30445
GST By CA Suraj Agrawal SATC I.7
14. [PAYMENT OF TAX] - Mr. Ajay, a registered supplier of goods, pays GST under regular scheme and
provides the following information for the month of August 20XX:
Particulars (`)
(i) Inter-state taxable supply of goods 10,00,000
(ii) Intra state taxable supply of goods 2,00,000
(iii) Intra state purchase of taxable goods 5,00,000
He has the following input tax credit at the beginning of August 20XX:
Nature ITC Amount in (`)
CGST 20,000
SGST 30,000
lGST 25,000
Rate of CGST, SGST and IGST are 9%, 9% and 18% respectively. Both inward and outward supplies
are exclusive of taxes wherever applicable.
All the conditions necessary for availing the ITC have been fulfilled. Compute the net GST payable by
Mr. Ajay for the month of August 20XX.
Solution:
Computation of net GST payable by Mr. Ajay for the month of August, 20XX
Note: ITC of IGST, CGST & SGST have been used to pay IGST in that order.
Solution:
Computation of input tax credit (ITC) available with Fun Pharma Private Limited for the month of June
20XX
Particulars `
Purchase of cabs used for the transportation of its employees [Note-1] Nil
Inputs consisting of three lots, out of which first lot was received during the month [Note-2] Nil
Capital goods [Note-3] 2,25,000
Outdoor catering service availed on Women’s day [Note-4] Nil
Total ITC 2,25,000
Notes:-
1. Section 17 of CGST Act, 2017 provides that ITC on motor vehicles can be availed, inter alia, when
they are used for making the taxable supply of transportation of passengers i.e., if the taxable person
is in the business of transport of passengers. In the given case, since the supplier is a manufacturer,
it cannot avail credit on cabs purchased for transportation of its employees.
2. When inputs are received in instalments, ITC can be availed only on receipt of last instalment in terms
of Section 16 of CGST Act, 2017.
3. ITC cannot be taken on missing invoice. The registered person should have the invoice in its
possession to claim ITC vide section 16 of CGST Act, 2017.
4. ITC on outdoor catering is specifically disallowed unless the same is provided under statutory
obligation or used for making outward taxable supply of the same category or as an element of the
taxable composite or mixed supply in terms of section 17 of CGST Act, 2017.
16. [VALUE] – Manager is available at 8527230445 for any kind of PDF Notes - Candy Blue Ltd., Mumbai,
a registered supplier, is manufacturing Chocolates and Biscuits. It provides the following details of
taxable inter -state supply made by it for the month of October, 20XX.
Particulars Amount in(`)
(i) List price of goods supplied inter-state 12,40,000
Items already adjusted in the price given in (i) above:
(1) Subsidy from Central Government for supply of biscuits to Government School. 1,20,000
(2) Subsidy from Trade Association for supply of quality biscuits. 30,000
Items not adjusted in the price given in (i) above:
(3) Tax levied by Municipal Authority 24,000
(4) Packing Charges 12,000
(5) Late fee paid by the recipient of supply for delayed payment of invoice 5,000
Calculate the value of taxable supply made by M/s Candy Blue Ltd. for the month of October, 20XX.
Particulars `
List Price of the goods 12,40,000
Add: Subsidy amounting to ` 1,20,000 received from Central Government NIL
[Since subsidy is received from Government, the same is not includible in the
value in terms of section 15 of the CGST Act, 2017.]
Subsidy received from Trade Association [Since subsidy is 30,000
received from a non-Government body, the same is includible in
the value in terms of section 15 of the CGST Act, 2017.]
Tax levied by the Municipal Authority [Includible in the value as 24,000
per section 15 of the CGST Act, 2017]
Packing charges [Being incidental expenses, the same are 12,000
includible in the value as per section 15 of the CGST Act, 2017]
Note: In the above solution, list price of the goods and late fee for delayed payment of invoice have
been assumed to be exclusive of taxes. UPDATED NOTES BY CA SURAJ AGRAWAL
17. Explain the meaning of the term "recipient of supply of goods and/or services" under the CGST Act,
2017.
Solution:
Recipient of supply of goods or services or both, means —
(a) where a consideration is payable for the supply of goods or services or both, the person who is liable to
pay that consideration;
(b) where no consideration is payable for the supply of goods, the person to whom the goods are delivered or
made available, or to whom possession or use of the goods is given or made available; and
(c) where no consideration is payable for the supply of a service, the person to whom the service is rendered,
and (i) any reference to a person to whom a supply is made shall be construed as a reference to the
recipient of the supply, and (ii) shall include an agent acting as such on behalf of the recipient in
relation to the goods or services or both supplied.
18. [TIME OF SUPPLY] - M/s Mansh & Vansh Trading Company, a registered supplier, is liable to pay GST
under forward charge. Determine the time of supply from the following information furnished by it:
Solution:
Section 12 of CGST Act, 2017 read with Notification No. 66/2017 CT dated 15.11.2017 provides that the
time of supply for all suppliers of goods (excluding composition suppliers) is the time of issue of
invoice/Last date on which the invoice is required to be issued, without any turnover limit.
Further, a registered person is required to issue a tax invoice before or at the time of removal of goods for
supply to the recipient.
Thus, in the given case, the invoice for supply of goods should have been issued on or before the
removal of goods i.e., on 03-1-20XX.
19. [EXEMPTION] - Examine whether GST is exempted on the following independent supply of services:
(i) Teja & Co, a tour operator, provides services to a foreign tourist for tour conducted in Jammu &
Kashmir and receives a sum of ` 3,00,000.
(ii) Ms. Poorva acts as a Team Manager for Indian Sports League (ISL), a recognised sports body, for
a Tennis tournament organised by Multi brand retail company and received a remuneration of `
2,00,000.
Solution:
(i) Services provided by a tour operator to a foreign tourist are exempt from GST provided such services are
in relation to a tour conducted wholly outside India. Thus, since in the given case, services provided by
Teja& Co. are in relation to a tour conducted within India, the same are not exempt from GST.
(ii) Services provided by a team manager to a recognised sports body for participation in a sporting event are
exempt from GST provided said sporting event is organised by a recognized sports body.
Thus, since in the given case, the sporting event is not organised by a recognised sports body,
the services provided by Ms. Poorva are not exempt from GST.
20. [Composition Scheme] - M/s Sai Trading Company, an eligible registered dealer in goods making
intra-state supplies within the state of Andhra Pradesh, has reported an aggregate turnover of ` 138
Lakhs in the preceding financial year.
(i) Determine whether Sai Trading Company will be eligible for composition levy u/s 10(1), as on 1-4-
2020.
(ii) Will your answer be different, if in the above scenario, M/s Sai Trading Company is making intra
state supply within the state of Jammu and Kashmir?
Solution:
(i) Section 10(1) of CGST Act, 2017 provides that a registered person, whose aggregate turnover in the
preceding financial year did not exceed ` 1.5 crore may opt for composition scheme. The turnover limit is
` 75 lakh in case of Special Category States. However, for Assam, HP & Jammu and Kashmir, the
turnover limit is ` 1.5 crore only.
In the given case, the applicable turnover limit for composition scheme will be ` 1.5 crore as Andhra
Pradesh is not a Special Category State.
Further, since the aggregate turnover of the registered person in the given case does not exceed ` 1.5
crore and it satisfies other conditions of composition scheme namely, not making inter-State
supplies of goods, it is eligible for composition levy.
(ii) Since the turnover limit for determining the eligibility for composition scheme in the State of Jammu and
Kashmir is also ` 1.5 crore, Sai Trading Company will be eligible for composition levy with other condition
of not making inter-State supplies of goods being fulfilled.
21. [Registration] - Determine the effective date of registration in the following instances:
(i) The aggregate turnover of Madhu Ltd., engaged in taxable supply of services in the state of
Punjab, exceeded ` 20 lakh on 25th August, 20XX. It applies for registration on 19th September,
20XX and is granted registration certificate on 29th September, 20XX.
(ii) What will be your answer, if in the above scenario, Madhu Ltd. submits the application for
registration on 27th September, 20XX and is granted registration on 5th October, 20XX?
Where the application is submitted within the said period, the effective date of registration is the date on which
the person becomes liable to registration; otherwise it is the date of grant of registration.
In the given case, the applicable turnover limit for registration will be ` 20 lakh as Punjab is not a
Special Category State.
(i) Since Madhu Ltd. applied for registration within 30 days of becoming liable to registration, the effective
date of registration is 25th August, 20XX.
(ii) In this case, since Madhu Ltd. applies for registration after the expiry of 30 days from the date of
becoming liable to registration, the effective date of registration is 5th October, 20XX .
22. [Tax Invoice] - Determine with reason whether the following statements are true or false:
(i) A registered person shall issue separate Invoices for taxable and exempted goods when
supplying both taxable as well as exempted goods to an unregistered person.
(ii) A Non-banking financial company can issue a consolidated tax invoice at the end of every month
for the supply made during that month.
Solution:
(i) The given statement is false.
Where a registered person is supplying taxable as well as exempted goods or services or both to an
unregistered person, a single “invoice -cum-bill of supply” may be issued for all such supplies.
23. [Introduction] - List any six state levies, which are subsumed in GST.
Solution:
The State levies which are subsumed in GST are as under: -
State surcharges and cesses in so far as they relate to supply of goods & services
Entertainment Tax (except those levied by local bodies)
Tax on lottery, betting and gambling
Entry Tax (All Forms) & Purchase Tax
VAT/ Sales tax
Luxury Tax
Taxes on advertisements
Note: Any of the six points may be mentioned.
24. [Payment of Tax] - When shall the interest be payable by a registered person and what is the
maximum rate of interest chargeable for the same?
Solution:
Interest is payable in the following cases:-
25. [Registration] - List the inclusions and exclusions for computing the "Aggregate Turnover" under
CGST Act, 2017.
Solution:
Aggregate turnover includes the aggregate value of all:
(i) taxable supplies,
(ii) exempt supplies,
(iii) exports of goods and/or services and
(iv) inter-State supplies of persons having the same PAN , to be computed on all India basis
26. [RETURN] - Who is required to furnish Final Return under CGST Act, 2017 and what is the time limit
for the same? Discuss.
Solution:
Every registered person who is required to furnish a return u/s 39(1) of the CGST Act, 2017 and whose
registration has been surrendered or cancelled shall file a Final Return electronically in the prescribed form
through the common portal.
4. A supplier takes deduction of depreciation on the GST component of the cost of capital goods as per
Income- tax Act, 1961. The supplier can-
(a) avail only 50% of the said tax component as ITC
(b) not avail ITC on the said tax component
(c) avail 100% ITC of the said tax component
(d) avail only 25% of the said tax component as ITC
5. Which of the following persons is not eligible for composition scheme even though their aggregate
turnover does not exceed ` 1 crore in preceding FY, in Uttar Pradesh?
(a) A person supplying restaurant services
(b) A person supplying restaurant services and earning bank interest
(c) A person supplying restaurant services and warehousing of rice
(d) A person supplying restaurant services and warehousing of processed tea.
7. Which of the following services does not fall under reverse charge provisions as contained under
section 9(3) of the CGST Act?
(a) Services supplied by arbitral tribunal to business entity
(b) Sponsorship provided to any partnership firm
(c) Sponsorship provided to any body corporate
(d) None of the above
11. IMPORTANT - M/s. Comfortable (P) Ltd. is registered under GST in Chennai, Tamil Nadu. It is engaged
in the manufacture of iron and steel products. It has carried out following transactions in the financial
year 20XX-XY:-
(a) Purchased 1,000 Metric Ton (MT) iron @ 1,000 per MT (excluding GST) from M/s. Hard Ltd. of
Chennai. M/s. Hard Ltd. has fulfilled the order as follows:
Date Quantity (MT) Taxable Value
28-Feb-20XY 200 2,00,000/-
10-Mar-20XY 250 2,50,000/-
25-Mar-20XY 250 2,50,000/-
28-Mar-20XY 200 2,00,000/-
Balance order requirement has been fulfilled by Hard Ltd. on 5-Apr-20XY. However, Hard Ltd.
has raised the invoice for full order at the time of dispatch of first lot, i.e. on 28-Feb-20XY. M/s.
Comfortable (P) Ltd. has made the full payment on 28-Feb-20XY for the order.
(b) Company has received IT engineering service from M/s. Dynamic Infotech (P) Ltd. of Chennai
for ` 11,00,000/- (excluding GST ) on 28-Oct-20XX. Invoice for service rendered was issued on
5-Nov- 20XX. M/s Comfortable (P) Ltd. made part-payment of ` 4,13,000/- on 31-Dec-20XX.
Being unhappy with service provided by M/s Dynamic Infotech (P) Ltd., it did not make the
balance payment. Deficiency in service rendered was made good by M/s Dynamic Infotech (P)
Ltd. by 15-Feb-20XY. M/s. Comfortable (P) Ltd. made payment of ` 2,95,000/- on 15-Feb-20XY
towards full and final settlement of the dues and did not pay the balance amount.
Solution:
Section 16 of CGST Act, 2017 provides that where a recipient fails to pay to the supplier of goods or
services or both, other than the supplies on which tax is payable on reverse charge basis, the amount
towards the value of supply along with tax payable thereon within a period of 180 days from the date of
issue of invoice by the supplier, an amount equal to the input tax credit availed by the recipient shall be
added to his output tax liability, along with interest thereon, in the prescribed manner.
However, the recipient shall be entitled to avail of the credit of input tax on payment made by him of the
amount towards the value of supply of goods or services or both along with tax payable thereon.
Since the full amount of value alongwith tax payable thereon has not been paid by M/s Comfortable (P) Ltd.
to M/s Dynamic Infotech (P) Ltd within a period of 180 days from the date of issue of invoice, the
proportionate amount of input tax credit availed needs to be reversed. However, the reversal will be done in
the financial year 20XY-YZ during when the time period of 180 days expire.
12. Determine taxable value of supply under GST law with respect to each of the following independent
services provided by the registered persons (Notes are compiled by SATC):
Particulars Gross amount
charged (` )
Amount charged for loading, unloading, packing and warehousing of potato 25,000
chips
Fees charged for yoga camp conducted by a charitable trust registered 50,000
under section 12AA of the Income-tax Act, 1961
Amount charged by business correspondent for the services provided to 1,00,000
the rural branch of a bank with respect to Savings Bank Accounts
Amount charged by cord blood bank for preservation of stem cells 5,00,000
Amount charged for service provided by commentator to a recognized 6,00,000
sports body
Amount charged for service provided by way of right to admission to circus 12,000
where consideration for the same is ` 750 per person.
Solution:
Computation of value of taxable supply
Particulars (` )
Amount charged for loading, unloading, packing and warehousing of potato chips 25,000
[Note-1]
Fees charged for yoga camp conducted by a charitable trust registered under section Nil
12AA of the Income-tax Act, 1961 [Note-2]
Amount charged by business correspondent for the services provided to the rural Nil
branch of a bank with respect to Savings Bank Accounts [Note-3]
Amount charged by cord blood bank for preservation of stem cells [Note-4] Nil
Service provided by commentator to a recognized sports body [Note-5] 6,00,000
Amount charged for service provided by way of right to admission to circus where 12,000
consideration for the same is ` 750 per person. [Note-6]
Notes:
1. Services by way of loading, unloading, packing, storage or warehousing of agricultural produce are
exempt from GST. Further, potato chips are manufactured through processes which alter the
essential characteristic of agricultural produce, thus is not covered under definition of agricultural
produce.
2. Services by an entity registered under section 12AA of the Income-tax Act, 1961 by way of
charitable activities are exempt from GST. The activities relating to advancement of yoga are
included in the definition of charitable activities. So, such activities are exempt from GST.
3. Services by business facilitator or a business correspondent to a banking company with respect to
accounts in its rural area branch have been exempted from GST.
4. Services provided by cord blood banks by way of preservation of stem cells or any other service in
relation to such preservation are exempt from GST.
5. Services provided to a recognized sports body only by an individual as a player, referee, umpire,
coach or team manager for participation in a sporting event organized by a recognized sports body
are exempt from GST. Thus, services provided by commentators are liable to GST.
6. Services provided by way of right to admission to circus where consideration for the same is upto
` 500 per person are exempt from GST. Since in the present case, the consideration is more than
` 500 per person, so the same is liable to GST.
Solution:
In case of services provided by any person by way of sponsorship to any body corporate or partnership firm
/ limited liability partnership (LLP), GST is liable to be paid under reverse charge by such body corporate or
partnership firm / LLP located in the taxable territory. Therefore, in the given case, Indian Love Cricket
Academy is liable to pay GST under reverse charge.
In case of services provided by Goods Transport Agency (GTA) in respect of transportation of goods by
road to, inter alia, any partnership firm whether registered or not under any law; GST is liable to be paid by
such partnership firm. Therefore, in the given case, Amba & Co. is liable to pay GST under reverse charge.
14. Mr. Mayank provides Continuous Supply of Services (CSS) to M/s. Omega Limited. He furnishes the
following further information:
(i) Date of commencement of Providing CSS 01-10-20XX
(ii) Date of completion of Providing CSS 31-01-20XY
(iii) Date of receipt of payment by Mr. Mayank 30-03-20XY
Determine the time of issue of invoice as per provisions of CGST Act, 2017, in the following
circumstances:
(i) If no due date for payment is agreed upon by both under the contract of CSS.
(ii) If payment is linked to the completion of service.
(iii) If M/s. Omega Limited has to make payment on 25-03-20XY as per the contract between them.
Solution:
i. Where the due date of payment is not ascertainable from the contract, the invoice shall be issued
before or at the time when the supplier of service receives the payment.
Thus, in the given case, the invoice should be issued on or before 30.03.20XY (date of receipt of
payment by Mr. Mayank).
ii. If payment is linked to the completion of an event, the invoice should be issued on or before the
date of completion of that event.
Since in the given case payment is linked to the completion of service, invoice should be issued on
or before 31.01.20XY (date of completion of service).
iii. Where the due date of payment is ascertainable from the contract, the invoice should be issued on
or before the due date of payment.
If M/s. Omega Limited has to make payment on 25.03.20XY as per the contract between them, the
invoice should be issued on or before 25.03.20XY.
15. Draupad Fabrics has opted for composition levy scheme in the current financial year. It has
approached you for advice whether it is mandatory for it to issue a tax invoice. You are required to
advice him regarding same.
Solution:
A registered person paying tax under the provisions of section 10 [composition levy] shall issue, instead of
a tax invoice, a bill of supply containing such particulars and in such manner as may be prescribed.
Therefore, in the given case, Draupad Fabrics cannot issue tax invoice. Instead, it shall issue a Bill of
Supply.
Solution:
A taxable person who makes an undue or excess claim of input tax credit shall pay interest @ 24%
p.a. on such undue or excess claim in terms of section 50 of CGST Act, 2017. The period of interest
will be from the date following the due date of payment to the actual date of payment of tax.
Due date of payment is 20th May, 20XX.
Period for which interest is due = 21st May, 20XX to 31st July, 20XX =72 days
Thus, interest liability = ` 1,50,000 x 24% x 72/365
=` 7,101 (approx.)
17. Whether transfer of title and/or possession is necessary for a transaction to constitute supply of
goods?
Solution:
Title as well as possession both have to be transferred for a transaction to be considered as a supply of
goods. In case title is not transferred, the transaction would be treated as supply of service in terms of
Schedule II(1)(b) of the CGST Act. In some cases, possession may be transferred immediately but title may
be transferred at a future date like in case of sale on approval basis or hire purchase arrangement. Such
transactions will also be termed as supply of goods.
18. If a return has been filed, how can it be revised if some changes are required to be made?
Solution:
In GST since the returns are built from details of individual transactions, there is no requirement for having
a revised return. Any need to revise a return may arise due to the need to change a set of invoices or debit/
credit notes. Instead of revising the return already submitted, the system allows changing the details of
those transactions (invoices or debit/credit notes) that are required to be amended. They can be amended
in any of the future GSTR- 1 in the tables specifically provided for the purposes of amending previously
declared details.
As per Section 39(9), omission or incorrect particulars discovered in the returns filed u/s 39 can be rectified
in the return to be filed for the month/quarter during which such omission or incorrect particulars are
noticed. Any tax payable as a result of such error or omission will be required to be paid along with interest.
The rectification of errors/omissions is carried out by entering appropriate particulars in "Amendment
Tables" contained in GSTR-1.
1. A person having ____Place of business in a State ____obtain a separate registration for each place of
business
a) Single, shall
b) Multiple, shall
c) Multiple, may
d) Single, may
2. Mr. Rahu is receiving legal services from a lawyer Mr. Ketu. The information regarding date of
payment, invoice etc. is as follows-
1. Invoice issued by Mr. Ketu on 15-Apr-20XX
2. Payment received by Mr. Ketu on 5-May-20XX
3. Date of payment entered in books of accounts of Rahu: 1-May-20XX
What is time of supply of goods?
(a) 1-May-20XX
(b) 5-May-20XX
(c) 14-Jun-20XX
(d) 15-Apr-20XX
4. Discount given after the supply is deducted from the value of taxable supply, if –
a) such discount is given as per the agreement entered into at/or before the supply
b) such discount is linked to the relevant invoices
c) proportionate input tax credit is reversed by the recipient of supply
d) all of the above
7. Registration certificate granted to casual taxable person or non-resident taxable person will be valid
for:
a) Period specified in the registration application
b) 90 days from the effective date of registration
c) Earlier of (a) or (b)
d) Later of (a) or (b)
8. Where the goods being sent or taken on approval for sale or return are removed before the supply
takes place, the invoice shall be issued:
a) before/at the time of supply.
b) 6 months from the date of removal.
c) Earlier of (a) or (b).
d) Later of (a) or (b).
10. Invoice shall be prepared in (i) ___________ in case of taxable supply of goods and in
(ii)_____________ in case of taxable supply of services.
a. (i) Triplicate, (ii) Duplicate
b. (i) Duplicate, (ii) Triplicate
c. (i) Duplicate, (ii) Duplicate
d. None of the above
Solution:
Computation of value of taxable supply and amount of GST payable
12. Laxmi Pvt. Ltd., a registered supplier, is engaged in the manufacture of taxable goods. The company
provides the following information pertaining to GST paid on the purchases made/input services
availed by it during the month of April 20XX:
All the conditions necessary for availing the ITC have been fulfilled.
Solution:
Computation of ITC available with Laxmi Pvt. Ltd. for the month of April 20XX
S. No Particulars Amount
1 Raw Material NIL
[ITC not available as raw material is not received in April, 20XX]
2 Membership of a club availed for employees working in the factory [Blocked NIL
credit in terms of section 17(5) of the CGST Act, 2017]
3 Inputs to be received in 5 lots, out of which 3rd lot was received during the NIL
month
[In case of goods received in lots, ITC can be taken only upon receipt of the
last lot]
4 Trucks used for transport of raw material 40,000
[ITC of GST paid on motor vehicles is allowed only when used, inter alia, for
transportation of goods in terms of section 17(5) of the CGST Act, 2017]
5 Capital goods 70,000
[ITC of GST paid on items for which invoice is missing is not available. So, ITC
of `. 80,000 is not available]
6 Confectionery items for consumption of employees working in the factory NIL
[ITC on food or beverages is specifically disallowed unless the same is
provided under statutory obligation or used for making outward taxable supply
of the same category or as an element of the taxable composite or mixed
supply-Section 17(5)(b)(i)]
Total ITC available 1,10,000
13. Mr. Guneet is running a consulting firm and also a readymade garment showroom in Kolkata
registered in same PAN. Turnover of the showroom is ` 120 lakh and receipt of consultancy firm is
` 15 lakh in the preceding financial year.
You are required to answer the following: (1) Is Mr. Guneet eligible for composition scheme under
Section 10(1)? (2) Is it possible for Mr. Guneet to opt for composition scheme only for showroom?
Solution:
Section 10(1) of the CGST Act, 2017 provides that a registered person, whose aggregate turnover in the
preceding financial year did not exceed ` 1.5 crore (` 75 lakh in Special Category States except Assam,
Himachal Pradesh and Jammu and Kashmir), may opt to pay, in lieu of the tax payable by him, an amount
calculated at the specified rates.
However, if, inter alia, such registered person is engaged in the supply of services other than restaurant
services, he shall not be eligible to opt for composition levy.
Further, w.e.f 01/04/2019, the scheme permits supply of other marginal services for a specified value
along with the supply of goods and restaurant service, as the case may be. Such marginal services
can be supplied for a value up to 10% of the turnover in the preceding year or ` 5 lakh, whichever is
higher.
(1) Aggregate turnover in preceding financial year is ` 1.35 crores which does not exceeds ` 1.5 crores. Mr.
guneet is eligible for composition scheme u/s 10(1) in current financial year provided Value of consultancy
services does not exceeds 10% of the turnover in the preceding year or ` 5 lakh, whichever is higher.
(2) No, it is not possible for Mr. Guneet to opt for composition scheme only for showroom as all the
registrations under the same PAN have to opt for composition scheme.
Solution:
As per section 25 read with CGST Rules, 2017, where an applicant submits application for registration within
30 days from the date he becomes liable to registration, effective date of registration is the date on which he
becomes liable to registration. Since, Priyank Services Ltd.’s turnover exceeded ` 20 lakh on 12th August, it
became liable to registration on same day.
Further, it applied for registration within 30 days of so becoming liable to registration, the effective date of
registration is the date on which he becomes liable to registration, i.e. 12th August.
As per section 31 read with CGST Rules, 2017, every registered person who has been granted registration
with effect from a date earlier than the date of issuance of certificate of registration to him, may issue Revised
Tax Invoices. Revised Tax Invoices shall be issued within 1 month from the date of issuance of certificate of
registration. Revised Tax Invoices shall be issued within 1 month from the date of issuance of registration in
respect of taxable supplies effected during the period starting from the effective date of registration till the
date of issuance of certificate of registration.
Therefore, in the given case, Priyank Services Ltd. has to issue the Revised Tax Invoices in respect of
taxable supplies effected during the period starting from the effective date of registration (12th August) till the
date of issuance of certificate of registration (6th September) within 1 month from the date of issuance of
certificate of registration, i.e. on or before 6th October.
15. State whether the following supplies would be treated as supply of goods or supply of services as
per Schedule II of CGST Act:
i. Renting of immovable property
ii. Transfer of right in goods without transfer of title in goods.
iii. Works contract services
iv. Temporary transfer of permitting use or enjoyment of any intellectual property right
v. Transfer of title in goods under an agreement which stipulates that property shall pass at a
future date.
Solution:
i. Renting of immovable property would be treated as supply of services in terms of Schedule II of CGST
Act, 2017.
ii. As per Schedule-II of CGST Act, 2017, transfer of right in goods without transfer of title in goods would
be treated as supply of services.
iii. As per Schedule-II of CGST Act, 2017, works contract services would be treated as supply of services.
iv. As per Schedule-II of CGST Act, 2017, temporary transfer of permitting use or enjoyment of any
intellectual property right would be treated as supply of services.
v. As per Schedule-II of CGST Act, 2017, transfer of title in goods under an agreement which stipulates
that property shall pass at a future date would be treated as supply of goods.
(iii) Air ambulance services to transport critically ill patients from distant 1,00,000
locations to Ayushman Medical Centre.
Ayushman Medical Centre also operates a cord blood bank which provides services in relation to
preservation of stem cells. You are required to compute the value of supply and GST liability [CGST &
SGST or IGST] of Ayushman Medical Centre, if any, in the light of relevant GST provisions.
Note – All the services provided by Ayushman Medical Centre are intra -State supplies. Assume the
rates of CGST, SGST and IGST to be 9%, 9% and 18% respectively.
Solution:
Health care services provided by, inter alia, a clinical establishment in India are exempt from GST vide
Notification No. 12/2017 CT (R) dated 28.06.2017 . The definition of ‘health care services’ stipulates that
such services must be provided in any recognized system of medicines.
As per section 2(h) of Clinical Establishments Act, 2010, recognised system of medicine means allopathy,
yoga, naturopathy, ayurveda, homeopathy, siddha and unani system of medicines or any other system of
medicines as may be recognised by the Central Government.
Accordingly, value of supply and GST liability of Ayushman Medical Centre will be computed as
follows:
S. No. Particulars `
(iii) Air ambulance services to transport critically ill patients from distant Nil
locations to the Medical Centre
[‘Health care services’ specifically includes services by way of
transportation of the patient to and from a clinical establishment ]
2. Ramoplast Soap Factory, a registered supplier, is engaged in manufacturing beauty soaps – ‘Forever
Glow’ in Mumbai. It has provided the following information pertaining to purchases made/services
availed in the month of April, 20XX:
You are required to compute the input tax credit (ITC) available with Ramoplast Soap Factory for the
month of April, 20XX assuming that all the other conditions for availing ITC, wherever applicable,
have been fulfilled.
Solution:
Computation of ITC available with Ramoplast Soap Factory
Particulars Amount (`)
Soap making machine
[ITC in respect of goods used in course/furtherance of business is available in
terms of Section 16 of the CGST Act] 50,000
Membership of ‘Fit and Fine’ health and fitness centre for its employees
[ITC in respect of membership of a club, health and fitness centre is blocked
in terms of section 17(5) of the CGST Act] Nil
Inputs stolen from the factory
[ITC in respect of goods stolen is blocked in terms of section 17(5) of the CGST Act] Nil
Total ITC available 1,20,000
3. Quantum Plast Private Limited, Delhi supplies plastic granulation machine to Capscom Ltd., Delhi. It
furnishes the following details in respect of such supply:
Particulars `
List price of the machine (exclusive of taxes and discounts) 1,00,000
Corrugated Boxes used for packing the machine (not included in price above) 1,000
Subsidy received from Delhi Government on sale of such machine (considered in price above) 5,000
Discount @ 2% is offered on list price of the machine (recorded in the invoice for the machine)
Determine the value of taxable supply made by Quantum Plast Private Limited.
4. Discuss the term ‘composite supply’ and its taxability under GST law.
Solution:
Taxability:
A composite supply comprising of two or more supplies, one of which is a principal supply, shall be treated as
a supply of such principal supply [Section 8 of the CGST Act, 2017].
5. IMP: Kesar Maharaj, a registered supplier, gave a classical dance performance in an auditorium. The
consideration charged for the said performance is ` 1,48,500. Is Kesar Maharaj liable to pay GST on
the consideration received for the said performance if such performance is not for promotion of any
product/services? If yes, determine his GST liability (CGST and SGST or IGST, as the case may be).
Will your answer be different if:
(i) Kesar Maharaj is a brand ambassador of a food product and aforesaid performance is for the
promotion of such food product?
(ii) the dance performance given by Kesar Maharaj is not a classical dance performance, but a
contemporary Bollywood style dance performance?
(iii) consideration charged by Kesar Maharaj for the classical dance performance is ` 1,60,000?
Notes:
1. Services provided by Kesar Maharaj are intra-State supplies.
2. Wherever applicable, GST has been charged separately.
3. Rates of CGST, SGST and IGST are 9%, 9% and 18% respectively.
Solution:
Notification No. 12/2017 CT (R) dated 28.06.2017 exempts services by an artist by way of a performance in
folk or classical art forms of (i) music, or (ii) dance, or (iii) theatre, if the consideration charged for such
performance is not more than ` 1,50,000. However, exemption will not apply to service provided by such
artist as a brand ambassador.
In view of the aforesaid provisions, services provided by Kesar Maharaj are exempt from GST as
consideration for the classical dance performance has not exceeded ` 1,50,000. Therefore, his GST liability
is nil.
(i) If Kesar Maharaj is a brand ambassador of a food product and aforesaid performance is for the
promotion of such food product, he will be liable to pay GST as aforesaid exemption is not applicable
to service provided by an artist as a brand ambassador. His CGST and SGST liability would, therefore,
be ` 13,365 (` 1,48,500 × 9%) and ` 13,365 (` 1,48,500 × 9%) respectively.
(iii) If the consideration charged for the classical dance performance by Kesar Maharaj is `
1,60,000, he will be liable to pay GST on the same as although the performance is by way of classical
art form of dance, consideration charged for such performance has exceeded ` 1,50,000. His
CGST and SGST liability would, therefore, be ` 14,400 (` 1,60,000 × 9%) and ` 14,400 (` 1,60,000 ×
9%) respectively. (Notes are compiled by SATC)
Mehra Sons gets the consignment ready by 2nd December, 20XX and informs Subhadra about the
same. The invoice for the consignment was issued the next day, 3rd December, 20XX.
Due to some reasons, Subhadra could not collect the consignment immediately. So, she collects
the consignment from the premises of Mehra Sons on 18th December, 20XX and hands over the
cheque for payment on the same date. The said payment is entered in the accounts on 20th
December, 20XX and amount is credited in the bank account on 21st December, 20XX.
You are required to determine the time of supply of the readymade garments supplied by Mehra
Sons to Subhadra elaborating the relevant provisions under the GST law.
Section 12 of CGST Act, 2017 read with Notification No. 66/2017 CT dated 15.11.2017 provides that the
time of supply for all suppliers of goods (excluding composition suppliers) is the time of issue of invoice,
without any turnover limit.
Solution:
Aggregate turnover includes the aggregate value of:
(i) all taxable supplies,
(ii) all exempt supplies,
(iii) exports of goods and/or services and
(iv) all inter-State supplies of persons having the same PAN.
The above is computed on all India basis. Further, the aggregate turnover excludes central tax, State tax,
Union territory tax, integrated tax and cess.
Moreover, the value of inward supplies on which tax is payable under reverse charge is not taken
into account for calculation of ‘aggregate turnover’ [Section 2(6) of CGST Act].
8. Discuss the time-limit for issuance of invoice in case of taxable supply of goods.
Solution:
In case of taxable supply of goods, invoice shall be issued before or at the time of—
(a) removal of goods for supply to the recipient, where the supply involves movement of goods; or
(b) delivery of goods or making available thereof to the recipient, in any other case.
In case of continuous supply of goods, where successive statements of accounts/ successive payments are
involved, the invoice shall be issued before/at the time each such statement is issued or each such
payment is received [Section 31 of the CGST Act].
Solution:
Electronic cash ledger is maintained in prescribed form for each person, liable to pay tax, interest, penalty,
late fee or any other amount, on the common portal for crediting the amount deposited and debiting the
payment therefrom towards tax, interest, penalty, fee or any other amount.
The deposit can be made through any of the following modes, namely: -
10. Examiner whether the following statements are true or false giving brief reasons:
(1) It is mandatory to issue a tax invoice in case a registered person has opted for composition
levy scheme.
(2) A composition tax payer, who has not rendered any taxable supply during a year, is not
required to file any return.
Solution:
(1) The given statement is false. A registered person paying tax under the provisions of section 10
[composition levy] is required to issue, instead of a tax invoice, a bill of supply containing the
specified particulars in the prescribed manner [Section 31(3)(c) read with rule 49 of the CGST Rules].
(2) The given statement is false. Composition tax payer is required to furnish return under section 39 for
every year even if no supplies have been effected during such period. In other words, filing of Nil
return is also mandatory.
Solution:
GST is a win-win situation for the entire country. It brings benefits to all the stakeholders of industry,
Government and the consumer. It will lower the cost of goods and services, give a boost to the economy
and make the products and services globally competitive.
Creation of unified national market: GST aims to make India a common market with common tax rates
and procedures and remove the economic barriers thus paving the way for an integrated economy at the
national level.
Mitigation of ill effects of cascading: By subsuming most of the Central and State taxes into a single tax
and by allowing a set-off of prior-stage taxes for the transactions across the entire value chain, it would
mitigate the ill effects of cascading, improve competitiveness and improve liquidity of the businesses.
Elimination of multiple taxes and double taxation: GST has subsumed majority of existing indirect tax
levies both at Central and State level into one tax i.e., GST which is leviable uniformly on goods and
services. This will make doing business easier and will also tackle the highly-disputed issues relating to
double taxation of a transaction as both goods and services.
Boost to ‘Make in India' initiative: GST will give a major boost to the ‘Make in India' initiative of the
Government of India by making goods and services produced in India competitive in the national as well as
international market.
Buoyancy to the Government Revenue: GST is expected to bring buoyancy to the Government Revenue
by widening the tax base and improving the taxpayer compliance.
1. “State Government has exclusive power to notify a transaction to be supply of goods or services.”
Discuss the correctness of the statement.
Solution:
The said statement is not correct. State Government can notify a transaction to be supply of goods or
services but only on the recommendations of the GST Council. Further, Central Government or State
Government, both on the recommendations of the GST Council, can notify an activity to be the supply of
goods and not supply of services or supply of services and not supply of goods or neither a supply of goods
nor a supply of services
2. M/s X & Sons, tax consultant of Zenson Ltd., have advised them that reverse charge mechanism is
applicable only to services. Examine the validity of the advice given by M/s X & Sons.
Solution:
The advice given by M/s X & Sons is not valid in law. The reverse charge mechanism applies to supplies of
both goods and services, as notified by the Government on the recommendations of the GST Council vide
section 9(3)/5(3) of CGST/IGST Act, 2017.
Notification No. 4/2017-Central Tax (Rate) and 13/2017- Central Tax (Rate) both dated 28/06/2017 have
been issued. Similar notifications have been issued under IGST Act also.
Reverse charge also applies to supplies received by a registered person from unregistered persons
under section 9(4)/5(4) of CGST/IGST Act, 2017, if notified.
3. Mr. X availing composition scheme u/s 10(1) during a financial year crosses the turnover of ` 1.5
crore during the course of the year i.e. say he crosses the turnover of ` 1.5 Crore in December? Will
he be allowed to pay tax under composition scheme for the remainder of the year i.e. till 31st March?
Solution:
No. The option availed shall lapse from the day on which his aggregate turnover during the financial year
exceeds ` 1.5 Crore vide section 10(3) of CGST Act, 2017.
4. LMN & Co, an unregistered supplier under GST wants to claim input tax credit and collect tax. Can it
do so?
Solution:
No, LMN & Co. cannot claim input tax credit and collect tax. A person without GST registration can neither
collect GST from his customers nor can claim any input tax credit of GST paid by him.
However, if LMN & Co. nevertheless wants to claim input tax credit and collect tax, it can apply for
voluntary registration under section 25(3) of CGST Act, 2017.
5. What is the difference between casual and non- resident taxable persons?
Same application form for registration as for normal Separate application form for registration by
taxable persons. nonresident taxable person.
Has to undertake transactions in the course or Business test is absent in the definition.
furtherance of business
Can claim input tax credit of all inward supplies Can get input tax credit only in respect of
import of goods and /or services
Solution:
The following elements are required to be satisfied for a supply to be chargeable to GST, i.e.-
a) the activity involves supply of goods or services or both;
b) the supply is for a consideration unless otherwise specifically provided for;
c) the supply is made in the course or furtherance of business;
d) the supply is a taxable supply; and
e) the supply is made by a taxable person
7. [SUPPLY] - Modest Ltd., registered in Delhi dealing in supply of electronic items transferred some of
its stock to its another unit located in Haryana (inter-state transfer). Whether such self-supplies are
taxable under GST?
Solution:
Yes, transfer of stock made by Modest Ltd. are taxable under GST. The definition of supply given under
section 7 of CGST Act, 2017 is an inclusive one. It does not specify that supply is to be made by one
person to the another. So, self-supplies are to be treated as supply in terms of section 7 of CGST Act.
Further, section 25(5) provides that where a person who has obtained or is required to obtain registration in
a State or Union territory in respect of an establishment, has an establishment in another State or Union
territory, then such establishments shall be treated as establishments of distinct persons.
Clause (2) of Schedule I of CGST Act, 2017 inter alia provides that supply of goods between distinct
persons as specified in section 25 made in the course or furtherance of business is to treated as supply
even if made without consideration. (Notes are compiled by SATC)
Inter-state self-supplies such as stock transfers, branch transfers or consignment sales shall be taxable
under IGST even though such transactions may not involve payment of consideration. Every supplier is
liable to register under the GST law in the State or Union territory from where he makes a taxable supply of
goods or services or both in terms of Section 22 of the CGST Act. However, intra-state self supplies are
not taxable subject to not opting for separate registration for each place of business
Solution:
As per section 12(6) of CGST Act, 2017, the time of supply with regard to an addition in value on account of
interest, late fee or penalty or delayed payment of consideration shall be the date on which the supplier
received such additional consideration.
Thus, time of supply in respect of interest would be the date on which the supplier has received such
additional consideration, i.e. 02.02.20XX. Further, Mr. P is required to make payment on or before 20th
of March, 20XX
9. There are separate valuation provisions for CGST, SGST and IGST and for Goods and Services.
Examine the correctness of the statement.
Solution:
No, the said statement is not correct. Section 15 of CGST Act determines the value of supply of goods
or services or both. Further, section 15 is applicable for determining value of taxable supply under IGST as
well vide section 20 of IGST Act. Section 20 of IGST Act inter alia provides that the provisions of CGST Act
relating to time and value of supply shall mutatis mutandis apply in relation to integrated tax as they apply in
relation to central tax. Thus, section 15 is common for all three taxes and also common for goods
and services
10. Whether post-supply discounts or incentives are allowed as admissible deduction under section 15 of
the CGST Act? If yes, what are the necessary conditions to be complied with for availing such
deduction?
Solution:
Yes, post-supply discounts or incentives are allowed as admissible deduction under section 15 of the CGST
Act. Where the post-supply discount is established as per the agreement which is known at or before the
time of supply and where such discount specifically linked to the relevant invoice and the recipient has
reversed input tax credit attributable to such discount, the discount is allowed as admissible deduction
under Section 15(3)(b) of the CGST Act.
11. The time of liability to pay GST is independent of the time of supply of goods/ services. Discuss the
correctness of the statement?
Solution:
The said statement is not correct. Liability to pay arises at the time of supply of goods as explained in
Section 12 and at the time of supply of services as explained in Section 13 of CGST Act.
The time is generally the earliest of one of the three events, namely receiving payment, issuance of invoice
or completion of supply. Different situations envisaged and different tax points have been explained in the
aforesaid sections
12. LP Ltd., obtains registration for paying taxes under section 9 of CGST Act. He asked his tax manager
to pay taxes on quarterly basis. However, LP Ltd.’s tax manager advised the Co. to pay taxes on
monthly basis. You are required to examine the validity of the advice given by tax manager?
Solution:
The advice given by tax manager is valid in law. Payment of taxes by the normal tax payer is to be done on
monthly basis by the 20th of the succeeding month. Cash payments will be first deposited in the Cash
Ledger and the tax payer shall debit the ledger while making payment in the monthly returns and shall
reflect the relevant debit entry number in his return. However, payment can also be debited from the Credit
Ledger. Payment of taxes for the month of March shall be paid by the 20th of April. Composition tax
payers will need to pay tax on quarterly basis.
Solution:
Computation of net GST payable by Pethalal
Notes:
(1) Funeral services being covered in entry 4 of Schedule III to the CGST Act, 2017 are not a supply and
thus, are outside the ambit of GST.
(2) Services by way of storage/ warehousing of, inter alia, jaggery are exempt from GST vide Exemption
Notification No. 12/2017 CT(R) dated 28.06.2017 (hereinafter referred to as exemption notification).
Thus, services of warehousing of jaggery are exempt.
(3) Services by way of giving on hire to a local authority, an Electrically operated vehicle (EOV) meant to
carry more than 12 passengers are exempt vide exemption notification. Buses are EOVs meant to carry
more than 12 passengers. Hence, services of giving electrically operated buses on hire to Municipal
Corporation are exempt from GST.
(4) Services provided to a recognized sports body by an individual only as a player, referee, umpire, coach
or team manager for participation in a sporting event organized by a recognized sports body are
exempt from GST vide exemption notification. Thus, service provided as commentator is liable to GST.
Though commission for providing insurance agent’s services to any person carrying on insurance
business is liable to GST, the tax payable thereon is to be paid by the recipient of service i.e.,
insurance company, under reverse charge in terms of Notification No. 13/2017 CT(R) dated 28.06.2017
(hereinafter referred to as reverse charge notification). Thus, Pethalal will not be liable to pay GST on
such commission.
(5) Services provided by a business facilitator to a banking company with respect to accounts in its rural
area branch are exempt from GST vide exemption notification. Thus, services provided by him in
respect of urban area branch of the bank will be taxable. However, the tax payable thereon is to be paid
by the recipient of service i.e., banking company, under reverse charge in terms of reverse charge
notification. Hence, Pethalal will not liable to pay GST on commission received for said services.
(6) Services provided to an educational institution, by way of security services performed in such
educational institution are exempt from GST only when said services are provided to an institution
providing services by way of pre-school education and education up to higher secondary school or
equivalent, vide exemption notification. Thus, in the given case, security services provided to DEC are
not exempt.
Further, the tax on security services (supply of security personnel) provided by any person other than a
body corporate to a registered person is payable by the recipient of service under reverse charge in
terms of reverse charge notification. Hence, Pethalal will not be liable to pay GST in the given case.
2. Dushyant rents out a commercial building owned by him to Bharat for the month of December, for
which he charges a rent of ` 19,50,000. Dushyant pays the maintenance charges of ` 1,00,000 (for
the December month) as charged by the local society. These charges have been reimbursed to him
by Bharat. Further, Bharat had given ` 2,50,000 to Dushyant as interest free refundable security
deposit. Further, Dushyant has paid the municipal taxes of ` 2,85,000 which he has not charged
from Bharat. You are required to determine the value of supply and the GST liability of Dushyant for
the month of December assuming CGST and SGST rates to be 9% each.
Note: All the amounts given above are exclusive of GST.
Solution:
Computation of the value of supply and the GST liability of Dushyant for the month of December
(a) M/s Devlok, a registered dealer, is dealing in intra-State trading of electronic appliances in Jaipur
(Rajasthan). It has turnover of ` 130 lakh in the preceding financial year. In the current financial
year, it has also started providing repairing services of electronic appliances.
(b) M/s Narayan & Sons, a registered dealer, is running a “Khana Khazana” Restaurant near City
Palace in Jaipur. It has turnover of ` 140 lakh in the preceding financial year. In the current
financial year, it has also started dealing in intra -State trading of beverages in Jaipur (Rajasthan).
(c) M/s Indra & bro, a registered dealer, is providing restaurant services in Uttarakhand. It has
turnover of ` 70 lakh in the preceding financial year. It has started providing intra-State interior
designing services in the current financial year and discontinued rendering restaurant services.
(d) M/s Him Naresh, a registered dealer, is exclusively providing intra -state architect services in
Uttarakhand. It has turnover of ` 40 lakh in the preceding financial year.
Solution:
As per section 10(1) of the CGST Act, 2017, the following registered persons, whose aggregate turnover in
the preceding financial year did not exceed ` 1.5 crore, may opt to pay tax under composition levy.
(a) Manufacturer,
(b) Persons engaged in making supplies referred to in clause (b) of paragraph 6 of Schedule II (restaurant
services), and
(c) Any other supplier eligible for composition levy.
Thus, essentially, the composition scheme can be availed in respect of goods and only one service namely,
restaurant service. However, the scheme permits supply of other marginal services for a specified value along
with the supply of goods and restaurant service, as the case may be. Such marginal services can be supplied
for a value up to 10% of the turnover in the preceding year or ` 5 lakh, whichever is higher.
Further, the registered person should not be engaged in making any inter-State outward supplies of goods.
Furthermore, w.e.f. 01/01/2020; an option of availing benefit of composition tax under Section 10(2A) has
been provided to a registered person whose aggregate turnover in the preceding financial year is upto ` 50
lakh and who is not eligible to pay tax under composition scheme under Section 10(1). Said person can pay
tax maximum @ 3% [Effective rate 6% (CGST+ SGST/UTGST)] on first supplies of goods and/or services up
to an aggregate turnover of ` 50 lakh made on/after 1st April in any financial year (FY), subject to specified
conditions provided in Section 10(2A). One of such condition is that the registered person should not be
engaged in making any inter-state outward taxable supplies.
In view of the above-mentioned provisions, the answer to the given independent cases is as under:-
(a) The turnover limit for composition scheme under Section 10(1) in case of Jaipur (Rajasthan) is ` 1.5
crore. Thus, M/s Devlok can opt for composition scheme under Section 10(1) as its aggregate turnover is
less than ` 1.5 crore. Further, since the registered person opting for composition scheme can also supply
services (other than restaurant services) for a value up to 10% of the turnover in the preceding year or ` 5
lakh, whichever is higher, in the current financial year, M/s Devlok can supply repair services up to a value
of ` 13 lakh [10% of ` 130 lakh or ` 5 lakh, whichever is higher] in the current financial year.
Further, the benefit of composition tax payment under composition scheme under Section 10(2A) is
available in case of a registered person whose aggregate turnover in the preceding financial year does
not exceed ` 50 lakh.
Thus, in view of the above- mentioned provisions, M/s Indra & bro cannot avail the benefit of composition
tax payment as its aggregate turnover in the preceding financial year is more than ` 50 lakh.
(d) An exclusive service provider can opt for the composition scheme under Section 10(1) only if he is
engaged in supply of restaurant services. The composition scheme permits supply of marginal services
for a specified value, but only when the same are supplied along with goods and/or restaurant service.
Since M/s Him Naresh is exclusively engaged in supply of services other than restaurant services, it is not
eligible for composition scheme under Section 10(1) even though its turnover in the preceding year is
less than ` 75 lakh, the eligible turnover limit for Uttarakhand.
However, since M/s Him Naresh is not eligible to opt for composition scheme under Section 10(1), its
aggregate turnover in the preceding financial year does not exceed ` 50 lakh and it is exclusively
engaged in supply of services other than restaurant services, M/s Him Naresh is entitled to avail
composition scheme under Section 10(2A).
4. VERY IMPORTANT LMN Pvt. Ltd., Coimbatore exclusively manufactures and sells product ‘X’ which
is exempt from GST vide notifications issued under relevant GST legislations. The company sells ‘X’
only within Tamil Nadu. The turnover of the company in the previous year was ` 45 lakh. The
company expects the sales to grow by 30% in the current year.
The company purchased additional machinery for manufacturing ‘X’ on 01.07.20XX. The purchase
price of the capital goods was ` 30 lakh exclusive of GST @ 18%.
However, effective from 01.11.20XX, exemption available on ‘X’ was withdrawn by the Central
Government and GST @ 12% was imposed thereon. The turnover of the company for the half year
ended on 30.09.20XX was ` 45 lakh.
(a) Examine the above scenario and advise LMN Pvt Ltd. whether it needs to get registered under
GST.
(b) If the answer to the above question is in affirmative, advise LMN Pvt. Ltd. whether it can avail
input tax credit on the additional machinery purchased exclusively for manufacturing “X”?
Solution:
(a) Section 22(1) of the CGST Act, 2017 read with Notification No. 10/2019 CT dated 07.03.2019 inter alia
provides that every supplier who is engaged in intra-State exclusive supply of goods is liable to be
registered under GST in the State/ Union territory from where he makes the taxable supply of goods only
when aggregate turnover in a financial year exceeds ` 40,00,000.
However, the above provisions are not applicable to few specified States, i.e. States of Arunachal
Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Puducherry, Sikkim, Telangana, Tripura,
Uttarakhand.
Further, a person exclusively engaged in the business of supplying goods and/or services that are not
liable to tax or are wholly exempt from tax is not liable to registration in terms of section 23(1)(a) of CGST
Act, 2017.
In the given case, the turnover of the company for the half year ended on 30.09.20XX is ` 45 lakh which is
more than the applicable threshold limit of ` 40 lakh. Therefore, as per above mentioned provisions, the
company should be liable to registration. However, since LMN Pvt. Ltd. supplied exempted goods till
31.10.20XX, it was not required to be registered till that day; though voluntary registration was allowed
under section 25(3) of the CGST Act, 2017.
However, the position will change from 01.11.20XX as the supply of goods become taxable from that day
and the turnover of company is above ` 40 lakh. It is important to note here that in terms of section 2(6) of
the CGST Act, 2017, the aggregate turnover limit of ` 40 lakh includes exempt turnover also.
(b) Section 18(1)(a) of the CGST Act, 2017 provides that a person who has applied for registration within 30
days from the date on which he becomes liable to registration and has been granted such registration
shall be entitled to take credit of i nput tax in respect of inputs held in stock and inputs contained in semi -
finished or finished goods held in stock on the day immediately preceding the date from which he
becomes liable to pay tax under the provisions of this Act.
Thus, LMN Pvt. Ltd. cannot avail credit for additional machinery purchased exclusively for manufacturing
X as input tax credit of only inputs is allowed when a person gets registered for the first time.
5. VERY IMPORTANT Mahadev Enterprises, a sole proprietorship firm, opened a shopping complex
dealing in supply of goods at multiple locations, i.e. in Himachal Pradesh, Uttarakhand and Tripura in
the month of June.
It has furnished the following details relating to the sale made at such multiple locations for the month
of June:-
(`)*
Particulars Himachal Uttarakhand Tripura
Pradesh
Intra- State sale of taxable goods 22,50,000 - 7,00,000
Intra-State sale of exempted goods - - 6,00,000
Interest received from banks on the fixed deposits - - 60,000
Intra-State sale of non-taxable goods - 21,00,000 40,000
* excluding GST
With the help of the above mentioned information, answer the following questions giving reasons:-
1. Determine whether Mahadev Enterprises is liable to be registered under GST law and what is the
threshold limit of taking registration in this case .
2. Explain with reasons whether your answer in (1) will change in the following independent cases:
(a) If Mahadev Enterprises is dealing in taxable supply of goods only from Himachal Pradesh;
(b) If Mahadev Enterprises is dealing in taxable supply of goods and services only from Himachal
Pradesh;
(c) If Mahadev Enterprises is dealing in taxable supply of goods only from Himachal Pradesh and
has also effected inter - State supplies of taxable goods amounting to ` 4,00,000.
Solution:
As per section 22 of the CGST Act, 2017 read with Notification No. 10/2019 CT dated 07.03.2019, a supplier
is liable to be registered in the State/Union territory from where he makes a taxable supply of goods and/or
services, if his aggregate turnover in a financial year exceeds the threshold limit. The threshold limit for a
person making exclusive intra-State taxable supplies of goods is as under:-
(i) ` 10 lakh for the States of Mizoram, Tripura, Manipur and Nagaland.
(ii) ` 20 lakh for the States of States of Arunachal Pradesh, Meghalaya, Puducherry, Sikkim, T elangana and
Uttarakhand.
(iii) ` 40 lakh for rest of India.
The threshold limit for a person making exclusive taxable supply of services or supply of both goods
and services is as under:-
(i) ` 10 lakh for the States of Mizoram, Tripura, Manipur and Nagaland.
(ii) ` 20 lakh for the rest of India.
In the light of the afore-mentioned provisions, the aggregate turnover of Mahadev Enterprises is computed as
under:
Notes:
1. Services by way of extending deposits, loans or advances in so far as the consideration is represented by
way of interest or discount (other than interest involved in credit card services) is exempt vide Notification
No. 12/2017 CT (R) dated 28.06.2017. Since aggregate turnover includes exempt supply, interest
received from banks on the fixed deposits, being exempt supply, is included in the aggregate turnover.
2. As per section 2(47) of the CGST Act, 2017, exempt supply includes non -taxable supply. Thus, intra -
State supply of non-taxable goods in Uttarakhand, being a non-taxable supply, is an exempt supply and
is, therefore, included in the aggregate turnover.
In the given case, Mahadev Enterprises is engaged in exclusive intra -State supply of goods from
Himachal Pradesh and Uttarakhand and in supply of both goods and exempted services from Tripura, the
threshold limit for registration will be ` 40 lakh, ` 20 lakh and ` 10 lakh respectively.
Further, since Mahadev Enterprises also makes taxable supply of goods from one of the specified
Special Category States (i.e. Tripura), the threshold limit for registration will be reduced to ` 10
lakh.
(1) Thus, in view of the above-mentioned provisions, Mahadev Enterprises is liable to be registered
under GST law with the aggregate turnover amounting to ` 57,50,000 (computed on all India basis).
The applicable threshold limit of registration in this case is ` 10 lakh.
(2) (a) If Mahadev Enterprises is dealing in supply of goods only from Himachal Pradesh, the applicable
threshold limit of registration would be ` 40 lakh. Thus, Mahadev Enterprises will not be liable for
registration as its aggregate turnover would be ` 22,50,000.
(a) If Mahadev Enterprises is dealing in taxable supply of goods and services only from Himachal
Pradesh then higher threshold limit of ` 40 lakh will not be applicable as the same applies only in
case of exclusive supply of goods. Therefore, in this case, the applicable threshold limit will be `
20 lakh and hence, Mahadev Enterprises will be liable to registration.
(b) In case of inter-State supplies of taxable goods, section 24 of the CGST Act, 2017 requires
compulsory registration irrespective of the quantum of aggregate turnover. Thus, Mahadev
Enterprises will be liable to registration.
Solution:
Circular No. 11/11/2017 GST dated 20.10.2017 has clarified that supply of books printed with contents
supplied by the recipient of such printed goods, is composite supply and the question, whether such supplies
constitute supply of goods or services would be determined on the basis of what constitutes the principal
supply.
Principal supply has been defined in section 2(90) of the CGST Act as supply of goods or services which
constitutes the predominant element of a composite supply and to which any other supply forming part of that
composite supply is ancillary.
In the case of printing of books where content is supplied by the publisher or the person who owns the usage
rights to the intangible inputs while the physical inputs including paper used for printing belong to the printer,
supply of printing [of the content supplied by the recipient of supply] is the principal supply and therefore,
such supplies would constitute supply of service.
Thus, in view of the above-mentioned provisions, the supply of training material by the Durga Printing House
would constitute supply of services.
7. With reference to the provisions of section 17 of the CGST Act, 2017, examine the availability of input
tax credit under the CGST Act, 2017 in the following independent cases:-
(i) MBF Ltd., an automobile company, has availed works contract service for construction of a
foundation on which a machinery (to be used in the production process) is to be mounted
permanently.
(ii) Shah & Constructions procured cement, paint, iron rods and services of architects and interior
designers for construction of a commercial complex for one of its clients.
(iii) ABC Ltd. availed maintenance & repair services from “Jaggi Motors” for a truck used for
transporting its finished goods.
Solution:
(i) Section 17(5)(c) of the CGST Act, 2017 blocks input tax credit in respect of works contract services when
supplied for construction of an immovable property (other than plant and machinery) except where it is an
input service for further supply of works contract service.
Further, the term “plant and machinery” means apparatus, equipment and machinery fixed to earth by
foundation or structural support that are used for making outward supply of goods and/or services and
includes such foundation or structural support but excludes land, building or other civil structures,
telecommunication towers, and pipelines laid outside the factory premises.
(ii) Thus, in view of the above-mentioned provisions, ITC is available in respect of works contract service
availed by MBF Ltd. as the same is used for construction of plant and machinery which is not blocked
under section 17(5)(c) of the CGST Act, 2017.
Section 17(5)(d) of the CGST Act, 2017 blocks ITC on goods and/or services received by a taxable
person for construction of an immovable property (other than plant and machinery) on his own account
even though such goods and/or services are used in the course or furtherance of business. Thus, ITC on
goods and/or services used in the construction of an immovable property is blocked only in those cases
where the taxable person constructs the immovable property for his own use even if the immovable
property being constructed is used in the course or furtherance of his business.
In the given case, taxable person has used the goods and services for construction of immovable property
for some other person and not on its own account. Hence, ITC in this case will be allowed.
(iii) As per section 17(5) of the CGST Act, 2017, ITC is allowed on repair and maintenance services relating
to motor vehicles, which are eligible for input tax credit. Further, as per section 17(5)(a) ITC is allowed on
motor vehicles which are used for transportation of goods.
Thus, ITC on maintenance & repair services availed from “Jaggi Motors” for a truck used for transporting its
finished goods is allowed to ABC Ltd.
(ii) Power Electricals Ltd., a registered supplier of air-conditioners, is required to send from
Mumbai (Maharashtra), a consignment of parts of air-conditioner to be replaced under warranty
at various client locations in Gujarat. The value of consignment declared in delivery challan
accompanying the goods is ` 70,000. Power Electricals Ltd. claims that since movement of
goods to Gujarat is caused due to reasons other than supply, e-way bill is not mandatorily
required to be generated in this case.
You are required to examine the technical veracity of the claim made by Power Electricals Ltd.
(iii) Beauty Cosmetics Ltd. has multiple wholesale outlets of cosmetic products in Mumbai,
Maharashtra. It receives an order for cosmetics worth ` 1,20,000 (inclusive of GST leviable @
18%) from Prasannaa, owner of a retail cosmetic store in Delhi. While checking the stock, it is
found that order worth ` 55,000 can be fulfilled from the company's Dadar (Mumbai) store and
remaining goods worth ` 65,000 can be sent from its Malad (Mumbai) store. Both the stores are
instructed to issue separate invoices for the goods sent to Prasannaa. The goods are
transported to Prasanna in Delhi, in a single conveyance owned by Radhey Transporters.
You are required to advise Beauty Cosmetics Ltd. with regard to issuance of e-way bill(s).
Solution:
(i) Rule 138(1) of the CGST Rules, 2017 provides that e-way Bill is mandatorily required to be generated
if the goods are moved, inter alia, in relation to supply and the consignment value exceeds ` 50,000.
Further, explanation 2 to rule 138(1) stipulates that the consignment value of goods shall be the value,
determined in accordance with the provisions of section 15, declared in an invoice, a bill of supply or a
delivery challan, as the case may be, issued in respect of the said consignment and also includes
CGST, SGST/UTGST, IGST and cess charged, if any, in the document and shall exclude the value of
exempt supply of goods where the invoice is issued in respect of both exempt and taxable supply of
goods.
Accordingly, in the given case, the consignment value will be as follows:
= ` 48,000 x 118%
= ` 56,640.
Since the movement of goods is in relation to supply of goods and the consignment value
exceeds ` 50,000, e-way bill is mandatorily required to be issued in the given case.
(b) An e-way bill contains two parts namely, Part A to be furnished by the registered person who is
causing movement of goods of consignment value exceeding ` 50,000/- and part B (transport
details) is to be furnished by the person who is transporting the goods.
Where the goods are transported by the registered person as a consignor or the recipient of
supply as the consignee, whether in his own conveyance or a hired one or a public conveyance,
by road, the said person shall generate the e-way bill on the common portal after furnishing
information in Part B [Rule 138(2)].
Where the goods are transported by railways or by air or vessel, the e-way bill shall be generated
by the registered person, being the supplier or the recipient, who shall, either before or after the
commencement of movement, furnish, on the common portal, the information in Part B [Rule
138(2A)].
Where the goods are handed over to a transporter for transportation by road, the registered
person shall furnish the information relating to the transporter on the common portal and the e-
way bill shall be generated by the transporter on the said portal on the basis of the information
furnished by the registered person in Part A [Rule 138(3)].
(ii) The goods to be moved to another State for replacement under warranty is not a ‘supply'. However,
rule 138(1) of the CGST Act, 2017, inter alia, stipulates that every registered person who causes
movement of goods of consignment value exceeding ` 50,000:
(i) in relation to a supply; or
(ii) for reasons other than supply; or
(iii) due to inward supply from an unregistered person,
shall, generate an electronic way bill (E-way Bill) before commencement of such movement.
CBIC has also clarified that even if the movement of goods is caused due to reasons others than
supply [including replacement of goods under warranty], e-way bill is required to be issued.
Thus, in the given case, since the consignment value exceeds ` 50,000, e-way bill is required to be
mandatorily generated. Therefore, the claim of Power Electricals Ltd. that e-way bill is not
mandatorily required to be generated as the movement of goods is caused due to reasons
other than supply, is not correct.
(iii) Beauty Cosmetics Ltd. would be required to prepare two separate e-way bills since each invoice value
exceeds ` 50,000 and each invoice is considered as one consignment for the purpose of generating e-
way bills.
The FAQs on E-way Bill issued by CBIC clarify that if multiple invoices are issued by the supplier to
one recipient, that is, for movement of goods of more than one invoice of same consignor and
consignee, multiple e-way bills have to be generated. In other words, for each invoice, one e-way
bill has to be generated, irrespective of the fact whether same or different consignors or
consignees are involved. Multiple invoices cannot be clubbed to generate one e-way bill.
However, after generating all these e-way bills, one consolidated e-way bill can be prepared for
transportation purpose, if goods are going in one vehicle.
9. Jai, a registered supplier, runs a general store in Ludhiana, Punjab. Some of the goods sold by him
are exempt whereas some are taxable. You are required to advise him on the following issues:
(i) Whether Jai is required to issue a tax invoices in all cases, even if he is selling the goods to the
end consumers?
(ii) Jai sells some exempted as well as taxable goods valuing ` 5,000 to a school student. Is he
mandatorily required to issue two separate GST documents?
(iii) Jai wishes to know whether it’s necessary to show tax amount separately in the tax invoices
issued to the customers. You are required to advise him.
Solution:
(i) As per Section 31(1) of the CGST Act, 2017, every registered person supplying taxable goods is
required to issue a tax invoice. Section 31(3)(c) of the CGST Act, 2017 stipulates that every registered
person supplying exempted goods is required to issue a bill of supply instead of tax invoice.
Further, as per Section 31(3)(b) of the CGST Act, 2017 read with rule 46 of the CGST Rules, 2017, a
registered person may not issue a tax invoice if:
Instead such registered person shall issue a Consolidated Tax Invoice for such supplies at the close of
each day in respect of all such supplies.
(iii) As per Section 33 of the CGST Act, 2017, where any supply is made for a consideration, every person
who is liable to pay tax for such supply shall prominently indicate in all documents relating to
assessment, tax invoice and other like documents, the amount of tax which shall form part of the price
at which such supply is made. Hence, Jai has to show the tax amount separately in the tax invoices
issued to customers. Contact through whatsapp for PDF notes at 8527230445
Particulars `
30,00,000
Receipts from running a Boarding School (including receipts for providing residential
dwelling service of ` 14,00,000)
Receipts of 'Gyan Uday' - an Industrial Training Institute (ITI) affiliated to the 2,00,000
National Council for Vocational Training (NCVT)
Compute the value of taxable supply assuming that all the above receipts are exclusive of GST.
Answer
Services provided by an educational institution to its students, faculty and staff are exempt vide Notification
No. 12/2017 Central Tax (Rate) dated 28.06.2017. Further, an educational institution means, inter alia, an
institution providing services by way of-
(i) education up to higher secondary school or equivalent;
(ii) education as a part of a curriculum for obtaining a qualification recognised by any law for the time being in
force;
(iii) education as a part of an approved vocational education course.
In view of the aforesaid provisions, value of taxable supply of BODMAS Ltd. for the month of March,
20XX has been computed as follows:
Particulars Amount
(`)
Receipts from Boarding School including receipts for residential dwelling service Exempt
[Educational institution providing education up to higher secondary school or equivalent]
Receipts of Gyan Uday Exempt
[Educational institution running approved vocational education course (assuming that such
courses are run in designated trades)]
Receipts of Lakshya running Modular Employable Skill Course [Educational institution Exempt
running approved vocational education course]
2. Surya Agencies has agreed to supply goods to customer's premises. Goods valued ` 80,000 are
taxable @ 5% IGST as it is an inter-State supply. It also pays freight and transit insurance of ` 12,000.
GTA is a registered entity and has charged GST (6% CGST and 6% SGST) under forward charge.
(i) Compute the invoice value of supply including IGST.
(ii) What will be the invoice value of supply including IGST, if the supply was under ex-factory basis
instead of door-delivery basis?
Answer
Computation of invoice value of supply
(i) When supplier agrees to supply the goods at customer’s premises, i.e. freight and transit
insurance are paid by the supplier, invoice value of supply will be computed as follows:
(ii) When supplier agrees to supply the goods on ex-factory basis, i.e. the buyer pays the freight
and transit insurance, invoice value of supply will be computed as follows:
Note: The above answer is based on the view that part (ii) of the question is an independent case and
thus, the information provided in the first paragraph of the question regarding payment of freight and
transit insurance by Surya Agencies does not apply to it. Moreover, when the contract is ex-factory, it
implies that the freight and insurance will be the buyer’s responsibility and seller will have no role,
whatsoever, in delivering the goods to the customer’s premises.
Answer
GST registration may be cancelled suo motu by GST Officer if the registered person: -
(i) does not conduct any business from the place of business
(ii) violates the anti-profiteering provisions
(iii) issues invoice/bill without supply of goods / services
(iv) does not file his GST return for six months
(v) does not file his GST return consecutive tax periods if he has opted for composition levy
(v) has not commenced business within 6 months from date of registration
(vi) has obtained the registration by means of fraud, wilful misstatement or suppression of facts.
Note: Any four points may be mentioned.
4. Enumerate any five matters on which the GST Council may make recommendations under Article
279A of the Constitution of India.
Answer
The matters on which the GST Council may make recommendations under Article 279A of the
Constitution of India are as under:-
(i) the taxes, cesses and surcharges levied by the Union, the States and the local bodies which may be
subsumed in GST;
(ii) the goods and services that may be subjected to, or exempted from GST;
(iii) model GST Laws, principles of levy, apportionment of GST levied on supplies in the course of inter-
State trade or commerce and the principles governing the place of supply;
(iv) the threshold limit of turnover below which goods and services may be exempted from GST;
(v) the rates including floor rates with bands of GST;
(vi) any special rate or rates for a specified period, to raise additional resources during any natural calamity
or disaster;
(vii)special provision with respect to Special Category States
(viii) the date on which the GST be levied on petroleum crude, high speed diesel, motor spirit (commonly
known as petrol), natural gas and aviation turbine fuel.
(ix) any other matter relating to the GST, as the Council may decide.
Note: Any five points may be mentioned.
5. X, a manufacturer of roofing sheets, has total input tax credit of ` 1,60,000 as on 30-06-20XX. He
provides the following other information pertaining to June 20XX:
(i) Input tax on raw materials in June is ` 40,000.
(ii) Input tax on account of Harvest caterers in connection with his Housewarming is ` 10,000.
(iii) Input tax on inputs contained in exempt supplies of ` 2 lakh in June is ` 20,000.
(iv) GST paid on cosmetic and plastic surgery of CEO of the company is ` 30,000.
(v) Total turnover (interstate, taxable @ 18%) for the month of June 20XX is ` 60 lakh.
Compute the ITC available and his output tax liability for the month of June 20XX.
Answer
Computation of ITC available and output tax liability of X for June 20XX
Particulars Amount (`)
Output tax liability for June 20XX
GST on taxable turnover for June 20XX 10,80,000
[Being inter-State supply, the same is leviable to IGST @ 18% = ` 60,00,000 × 18%]
Add: Ineligible ITC [Refer working note below] 1,290
[ITC out of common credit, attributable to exempt supplies shall be added to the output tax
liability in terms of rule 42 of the CGST Rules, 2017]
Total output tax liability 10,81,290
Total ITC available as on 30.06.20XX 1,60,000
6. IMPORTANT Determine taxable value of supply under the GST law with respect to each of the
following independent services provided by the registered persons:
(i) Fees charged from office staff for in-house personality development course conducted by M.V.
College - ` 10,000.
(ii) Bus fees collected from students by M.V. College - ` 2,500 per month.
(iii) Housekeeping service provided by M/s. Clean well to Himavarsha Montessori school, a play
school - ` 25,000 per month.
(iv) Info link supplied ''Tracing Alphabets", an online educational journal, to students of UKG class of
Sydney Montessori School - ` 2,000.
Answer
i. As per Notification No. 12/2017 CT (R) dated 28.06.2017, services provided by an educational
institution to its students, faculty and staff are exempt from GST. Educational Institution has been
defined to mean, interalia, an institution providing services by way of education as a part of a
curriculum for obtaining a qualification recognized by any law for the time being in force.
Assuming that M. V. College provides education as a part of a curriculum for obtaining a qualification
recognised by a law, the services provided by it to its staff by way of conducting personality
development course would be exempt from GST.
iii. As per Notification No. 12/2017 CT (R) dated 28.06.2017, services provided to an educational
institution, by way of, inter alia, house-keeping services performed in such educational institution are
exempt from GST. However, such an exemption is available only when the said services are
provided to a pre-school education and a higher secondary school or equivalent.
Therefore, house-keeping services provided to Himavarsha Montessori Play School would be exempt
from GST on the presumption that housekeeping services have been performed in such play school
itself.
iv. As per Notification No. 12/2017 CT (R) dated 28.06.2017, services provided to an educational
institution by way of supply of online educational journals or periodicals is exempt from GST.
However, such an exemption is available only when the said services are provided to an educational
institution providing education as a part of a curriculum for obtaining a qualification recognized by any
law for the time being in force.
Therefore, supply of online journal to students of UKG class of Sydney Montessori School will not be
exempt from GST. Hence, the taxable value in this case will be ` 2,000.
7. Mr. George, a registered supplier of goods at Kerala who pays GST under regular scheme, has made
the following transactions (exclusive of tax) during April 20XX:
He has complied with all the conditions for availing the ITC and has the following ITC credit on 01-04-
20XX:
Source Taxes (`) Interest (`) Penalty (`)
CGST 30,000 1500 500
SGST 30,000 1500 500
IGST 1,00,000 2000 500
Compute the net CGST, SGST and IGST payable by Mr. George during April 20XX in cash?
Answer
Computation of net CGST, SGST and IGST payable in cash by Mr. George during April 20XX
Note: ITC of IGST has been utilized to pay IGST liability first and the balance ITC of IGST has been
used to pay CGST liability. Alternatively, balance IGST credit can also be used for payment of
SGST Liability. Interest and penalty paid are not available as credit.
Answer
As per rule 138 of the CGST Rules, 2017, whenever there is a movement of goods of consignment
value exceeding ` 50,000:
(a) in relation to a supply; or
(b) for reasons other than supply; or
(c) due to inward supply from an unregistered person,
e-way bill needs to be generated prior to the commencement of transport of goods.
Further, in the following situations, e-way bill needs to be issued even if the value of the consignment
is less than ` 50,000:
(i) Where goods are sent by a principal located in one State/Union territory to a job worker located in any
other State/Union territory, the e-way bill shall be generated either by the principal or the job worker, if
registered, irrespective of the value of the consignment.
(ii) Where specified handicraft goods are transported from one State/Union territory to another State/Union
territory by a person who has been exempted from the requirement of obtaining registration under section
24 of the CGST Act,2017, the e- way bill shall be generated by the said person irrespective of the value of
the consignment.
9. Siddhi Ltd. is a registered manufacturer engaged in taxable supply of goods. Siddhi Ltd. purchased
the following goods during the month of January, 20XX. The following particulars are provided:
S. Particulars Inputtax
No. (`)
1. Capital goods purchased on which depreciation has been taken on full value 15,000
including input tax thereon
2. Goods purchased from Ravi Traders (Invoice of Ravi Traders is received in month 20,000
of January, 20XX, but goods were received in month of March, 20XX)
3. Car purchased for making further supply of such car. Such car is destroyed in 30,000
accident while being used for test drive by potential customers
4. Goods used for setting up telecommunication towers being immovable property 50,000
5. Goods purchased from Pooja Ltd. (Full payment is made by Siddhi Ltd. to Pooja 10,000
Ltd. against such supply, but tax has not been deposited by Pooja Ltd.
6. Truck purchased for delivery of output goods 80,000
Determine the amount of input tax credit (ITC) available by giving necessary explanations for
treatment of various items as per the provisions of the CGST Act, 2017. You may assume that all the
necessary conditions for availing the ITC have been complied with by Siddhi Ltd.
10. Happy Company is a registered supplier of electric goods. It has three stores for electric goods in
Jodhpur (Rajasthan) namely Ram Store, Shyam Store, Mohan Store. It receives an order for supply of
electric goods worth ` 1,40,000 (exclusive of GST @ 18%) from Kishan Sons of Bhopal (Madhya
Pradesh). Happy Company found that order worth ` 43,000 can be fulfilled from the company's Ram
Store, order worth ` 45,000canbe fulfilled from its Shyam Store and remaining goods worth ` 52,000
can be sent from its Mohan Store. All three stores are instructed to issue separate invoices for the
goods sent to Kishan Sons. The goods are transported to Kishan Sons in Bhopal in a single
conveyance owned by Shiv Transporters.
You are required to advise Happy Company with regard to issuance of e-way bills as per the
provisions of the CGST Act, 2017.
Answer
Rule 138 of the CGST Rules, 2018 stipulates that e-way Bill is mandatorily required to be generated if the
goods are moved, inter alia, in relation to a supply and the consignment value [including CGST,
SGST/UTGST, IGST and cess charged] exceeds ` 50,000.
Further, the CBIC has clarified that if multiple invoices are issued by the supplier to one recipient, multiple e-
way bills have to be generated - one e-way bill for each invoice. Each invoice is considered as separate
consignment for the purpose of generating e-way bills.
Thus, Happy Company is required to prepare 3 separate e-way bills since value of each invoice exceeds `
50,000.
11. M/s Jonty India Ltd. a manufacturer of heavy machines registered at Jaipur (Rajasthan) supplied one
machine to M/s. Dhanuka Ltd. of Udaipur (Rajasthan) on 05-02-20XX under an invoice of the same
date. Using the information given below, compute the value of the machine and the GST payable
(CGST & SGST or IGST as the case may be) in cash for the month of February, 20XX by M/s Jonty
India Ltd. with appropriate working notes.
Assume Rate of CGST, SGST and IGST on the machine to be 9%, 9% and 18% respectively.
Sl. No. Particulars Amount in `
(i) The Basic price of the machine (exclusive of taxes and discount). 28,50,000
(ii) Trade discount is allowed at 3% on the basic price and is shown in the 85,500
invoice.
(iii) Secondary packing (in iron sheets) charges for safe transportation of 30,000
the machine on the request of buyer.
(iv) Design and engineering charges of the machine 90,000
(v) Tax levied by Municipal Authority on the sale of the machine. 25,000
(vi) Subsidy received by the supplier from the State Government to 80,000
encourage manufacture of the machine.
(vii) Pre-delivery inspection charges paid to an independent agency in 22,000
terms of the agreement for supply. The amount was paid by M/s.
Dhanuka Ltd.
(viii) Interest amount paid by M/s. Dhanuka Ltd. for delay in payment for the 12,000
machine.
Inward Supplies
(i) IGST paid on food items for consumption by employees working in the 8,000
factory.
(ii) SGST and CGST (` 15,000 each) paid on Electrical transformer used in 30,000
the manufacturing process.
Note:
(i) M/s Jonty India Ltd. has no input tax credit balance at the beginning of February, 20XX. All the
other conditions necessary for availing the eligible input tax credit have been fulfilled.
(ii) There are no other transactions of supplies during the month of February, 20XX.
(iii) M/s Jonty India Ltd. and M/s. Dhanuka Ltd. are not related persons.
Answer
(a) Computation of value of machine sold by M/s. Jonty India Ltd.
Particulars `
Basic price of machine 28,50,000
Add: Secondary packing [Note 1(i)] 30,000
Design and engineering charges [Note 1(ii)] 90,000
Tax leved by Municipal Authority [Note 1(iii)] 25,000
Pre-delivery inspection charges paid by M/s. Dhanuka Ltd. [Note 1(iv)] 22,000
Interest for delay in payment [` 12,000 x 100/118] [Note 1(v)] - (rounded off) 10,169
Less: 3% Trade discount on basic price of machinery = ` 28,50,000 * 3% [Note 2] (85,500)
Taxable value of supply 29,41,669
Computation of net GST payable (in cash) by
M/s. Jonty India Ltd. for the month of February, 20XX
Particulars CGST @ 9% SGST @ 9% (`)
(`)
T ax on value of ` 29,41,669 (rounded off) 2,64,750 2,64,750
Less: Input tax credit [ITC] of tax paid on electrical 15,000 15,000
transformer used in the manufacturing process [Note 3]
Net GST payable 2,49,750 2,49,750
Note- In the above answer, it has been assumed that the basic price of the machine has been
arrived at after adjusting the subsidy and that the basic price is the price charged from the
customer.
Consequently, subsidy received from State Government has not been reduced from the basic price
of the machine while arriving at the taxable value of supply.
However, it is also possible to assume that the subsidy has yet not been adjusted in the basic price
and that the price which will be charged from the customer is ` 27,70,000 (` 28,50,000 - ` 80,000)
i.e., after excluding subsidy. In that case, the value of supply will be ` 28,61,669.
12. Chiku Traders is a registered supplier of plastic goods. On 10th April, 20XX, Chiku Traders received an
order from Neelu Traders for supply of a consignment of plastic goods. Chiku Traders gets the
consignment ready by 15th April, 20XX. The invoice for the consignment was issued the next day, 16th
April, 20XX. Neelu Traders collects the consignment from the godown of Chiku Traders on 25 th April,
20XX and hands over the cheque towards payment on the same date. The said payment is entered in
the books of accounts of Chiku Traders on 26th April, 20XX and amount is credited in their bank
account on 27th April, 20XX.
Determine the time of supply of the plastic goods supplied by Chiku Traders to Neelu Traders as per
the provisions of CGST Act, 2017.
Answer
A registered person (excluding composition supplier) has to pay GST on the outward supply of goods at the
time of supply as specified in section 12(2)(a) of the CGST Act, 2017, i.e. date of issue of invoice or the last
date on which invoice ought to have been issued in terms of section 31(1).
As per section 31, the invoice in case of supply of goods needs to be issued either before or at the time of
removal/delivery of goods.
In this case, the invoice is issued before the removal of the goods and is thus, within the time limit prescribed
under section 31(1). Therefore, time of supply is the date of issue of invoice, which is 16 th April, 20XX.
Answer
Computation of amount payable under composition scheme
(i) If M/s Heeralal and Sons is a manufacturer:
Tax is to be paid @ 1% (CGST+SGST) of the turnover in the State as under:
1% of ` 32,00,000 [` 15,00,000 + `17,00,000]
= ` 32,000
(ii) If M/s Heeralal and Sons is a trader:
Tax is to be paid @ 1% (CGST+SGST) of the turnover of taxable supplies of goods in the State as
under:
1% of ` 15,00,000 = ` 15,000
14. On 25th August, 2020, M/s Agarwal & Agarwal Ltd., a registered supplier of textile products located in
Bengaluru (Karnataka) purchased one machine for ` 12,39,000 including IGST, from one supplier of
Maharashtra who issued invoice on the same date. M/s Agarwal & Agarwal Ltd. put the machinery to
use on the same day and availed input tax credit for the eligible amount.
M/s Agarwal & Agarwal Ltd. sold this machine after using the machine in the process of
manufacture of taxable goods for ` 7,50,000 excluding IGST, to Mr. Suresh Kumar of Andhra
Pradesh on 20th August 2021.
During purchase as well as sale of the machinery, the IGST rate applicable was 18%.
Is M/s Agarwal & Agarwal Ltd., required to pay GST? If yes, calculate the amount of tax payable
under GST Laws at the time of sale of the machine. Also briefly state the relevant statutory
provisions.
Note: Assume that there was no change in legal position after August, 2021.
Answer
As per section 18 of the CGST Act, 2017, if capital goods/ plant and machinery on which input tax credit
(ITC) has been taken are supplied outward by a registered person, he must pay an amount that is higher of
the following:
(a) ITC taken on such goods reduced by 5% per quarter of a year or part thereof from the date of issue of
invoice for such goods or
(b) tax on transaction value.
Accordingly, the amount payable on supply of machinery by M/s Agarwal & Agarwal Ltd. shall be
computed as follows:
Particulars `
ITC taken on the machinery (` 12,39,000 x 18/118) 1,89,000
Less: Input tax credit to be reversed @ 5% per quarter for the period
of use of machine
(i) For the year 2020-21 = (` 1,89,000 x 5%) x 3 quarters 28,350
(ii) For the year 2021-22 = (` 1,89,000 x 5%) x 2 quarters 18,900
Amount required to be paid (A) ** 1,41,750
Duty leviable on transaction value (` 7,50,000 x 18%) (B) 1,35,000
Amount payable towards disposal of machine is higher of (A) and (B) 1,41,750
Thus, M/s Agarwal & Agarwal Ltd. is required to pay GST amounting to ` 1,41,750 at the time of sale of
machinery.
15. Happy Ltd. located at Alwar (Rajasthan), exclusively manufactures and sells the product "Shine &
Shine", which is exempt from GST. Happy Ltd. sells "Shine & Shine" only within Rajasthan. The
turnover of Happy Ltd. in the previous year was ` 60 lakhs. Happy Ltd. purchased additional
machinery (Capital Goods) for manufacturing "Shine & Shine" on 1 st April, 2020. The invoice for
supply of machinery also was issued on 1st April, 2020. The purchase price of the machinery was
` 25 lakh exclusive of CGST and SGST @ 12% (6% + 6%). On 1 st December, 2020 exemption available
on the product "Shine & Shine" was withdrawn by the Central Government and CGST and SGST
@18% (9% + 9%) was imposed thereon. The turnover of Happy Ltd. on 30 th September, 2020 was ` 45
lakh.
Examine the issue and provide the answers (with supporting explanatory note for each answer) to
the following:
(i) Does Happy Ltd. have to register under CGST Act, 2017?
(ii) Can Happy Ltd. take Credit of tax paid on the machinery purchased? If yes, what is the amount
of Input Tax Credit (ITC) that can be availed?
Answer
i. As per section 22 of the CGST Act, 2017 read with Notification No. 10/2019 CT dated 07.03.2019, a
supplier is liable to be registered in the State/Union territory from where he makes a taxable supply of
goods and/or services, if his aggregate turnover in a financial year exceeds the threshold limit. The
threshold limit for a person making exclusive intra - State taxable supplies of goods is as under:-
(a) ` 10 lakh for the States of Mizoram, Tripura, Manipur and Nagaland.
(b) ` 20 lakh for the States of States of Arunachal Pradesh, Meghalaya, Puducherry, Sikkim,
Telangana and Uttarakhand.
(c) ` 40 lakh for rest of India. However, the higher threshold limit of ` 40 lakh is not available to
persons engaged in making supplies of ice cream and other edible ice, whether or not
containing cocoa, Pan masala and Tobacco and manufactured tobacco substitutes.
The term ‘aggregate turnover' includes exempt turnover also. However, a person exclusively engaged
in making exempt supplies is not liable to registration in terms of section 23(1) of CGST Act, 2017.
In view of combined reading of above provisions, although the ‘aggregate turnover' of Happy Ltd.
exceeds the applicable threshold limit of ` 40 lakh on 30.09.2020 [` 45 lakh], it was not required to be
registered till 30.11.2020 as it supplied only exempted goods till that day.
Therefore, Happy Ltd. needs to register within 30 days from 01.12.2020 (the date on which its supplies
became taxable) as its turnover had already exceeded the threshold limit of ` 40 lakh on 01.12.2020.
ii. As per section 17 of the CGST Act, the input tax credit (ITC) on capital goods used or intended to be
used exclusively for effecting exempt supplies is disallowed. However, where an exempt supply by a
registered person becomes a taxable supply, such person gets entitled to take proportionate ITC on
such capital goods in terms of section 18(1)(d) of CGST Act, 2017. Thus, a non-registered person
cannot take ITC on capital goods under this provision.
Further, a person who has applied for registration within thirty days from the date on which he
becomes liable to registration and has been granted such registration is also not entitled to take ITC on
capital goods held with him on the day immediately preceding the date from which he becomes liable
to pay tax in terms of section 18(1)(a) of CGST Act, 2017.
In the given case, Happy Ltd. is not registered at the time when its exempt supply becomes taxable.
Thus, the company cannot take proportionate ITC on capital goods as mentioned above. Further, the
company will also not be entitled for credit on capital goods held with it when it applies for registration
in the prescribed manner.
Answer
Computation of net GST liability (to be paid in cash) by Quanto Ltd. for the month of September,
2020
Particulars CGST (`) SGST (`)
Output tax liability for the month 24,000 24,000
Less: Input tax credit (ITC) [Refer note-2 below] 12,000 12,000
9,000 (IGST)
Net GST payable (in cash) 3,000 12,000
Notes:
1. Credit of IGST shall be utilized towards payment of IGST first and then with CGST and SGST in
any order. Since Quanto Ltd. does not make any inter-State supply, credit of IGST has been utilized
towards payment of CGST [Section 49(5) of the CGST Act, 2017].
2. As per section 18(1)(b) of the CGST Act, 2017-
A person who takes voluntary registration is entitled to take credit of input tax in respect of:
• inputs held in stock and
• inputs contained in semi-finished/ finished goods held in stock on the day immediately
preceding the date of grant of registration.
However, he cannot take ITC in respect of capital goods held on the day immediately preceding the
date of grant of registration.
ITC on inputs needs to be availed within 1 year from the date of issue of the invoice by the supplier
[Section 18(2) of the CGST Act, 2017].
In this case, since Quanto Ltd. has been granted voluntary registration on 25.09.2020, it will be entitled to
ITC on inputs held in stock and inputs contained in semi-finished/ finished goods held in stock, on
24.09.2020. In view of the said provisions, eligible ITC for Quanto Ltd. is computed as follows:
Answer
Composite supply means a supply made by a taxable person to a recipient consisting of two or more
taxable supplies of goods or services or both, or any combination thereof, which are naturally bundled and
supplied in conjunction with each other in the ordinary course of business, one of which is a principal supply
[Section 2(30) of the CGST Act, 2017].
Mixed supply means two or more individual supplies of goods or services, or any combination thereof,
made in conjunction with each other by a taxable person for a single price where such supply does not
constitute a composite supply [Section 2(74) of the CGST Act, 2017].
The various intermediary and ancillary services provided by GTA are not provided as independent services
but as ancillary to the principal service, namely, transportation of goods by road. The invoice issued by the
GTA for providing the said service includes the value of intermediary and ancillary services. In view of this,
if any intermediary and ancillary service is provided in relation to transportation of goods by road, and
charges, if any, for such services are included in the invoice issued by Sharma Carriers, such service would
form part of the GTA service, and thus will be composite supply, and not a mixed supply even though a
single price is charged for the supply.
Further, if such incidental services are provided as separate services and are billed separately, whether in
the same invoice or separate invoices, they will be treated as separate supply and not composite supply
and there being no single price, the supply will also not be treated as mixed supply.
18. With the help of information given below in respect of a manufacturer for the month of September,
20XX, calculate eligible input tax credit for the month and also calculate the amount of ITC to be
reversed in September, 20XX and October, 20XX. There is no carry forward credit or reversal
requirement. Only the current month's information is to be considered for calculation purposes.
S. No. Particulars Amount in `
1. Outward supply of taxable goods 70,000
2. Outward supply of exempted goods 40,000
Total Turnover 1,10,000
3. Inward supplies GST paid (`)
Capital goods purchased which are exclusively used for taxable 2,000
outward supply
Capital goods purchased which are exclusively used for exempted 1,800
outward supply
Capital goods purchased which are used for both taxable and 4,200
exempted outward supply
Answer
Computation of eligible ITC and ITC to be reversed
Particulars ` ITC (`)
Capital goods exclusively used for taxable outward supply [Since exclusively 2,000
used for taxable supply, full ITC is available under rule 43(1)(b) of the CGST
Rules, 2017] - [A]
Capital goods exclusively used for exempted outward supply [Since exclusively Nil
used for non-business purposes, ITC is not available under rule 43(1)(a) of the
CGST Rules, 2017]
19. A registered supplier of taxable goods supplied goods valued at ` 2,24,000 (inclusive of CGST ` 12,000
and SGST ` 12,000) to Mohan Ltd. under the forward charge on 15-08-20XX for which tax invoice was
also issued on the same date. The inputs were received by Mohan Ltd. on 15-08-20XX. Mohan Ltd.
availed credit of ` 24,000 on 18-08-20XX. But Mohan Ltd. did not make any payment towards such
supply along with tax thereon to the supplier. Is Mohan Ltd. eligible to avail input tax credit on such
supply? What are the consequences of such non-payment by Mohan Ltd.?
Discuss input tax credit provisions if Mohan Ltd. makes the payment of ` 2,24,000 to the supplier on
18-03-2019.
Answer
As per section 16 of the CGST Act, 2017, Mohan Ltd. is eligible to avail input tax credit (ITC) of the tax paid
on inputs received by it on the basis of the invoice issued by the supplier provided other conditions for
availing ITC are fulfilled.
Payment of value of the goods along with the tax to the supplier is not a pre-requisite at the time of availing
credit, but Mohan Ltd. has to pay the said amount within 180 days from the date of issue of invoice.
If Mohan Ltd. did not make any payment towards such supply along with tax thereon to the supplier, it has
to report the fact of non-payment in the return for the month immediately following the period of 180 days
from the date of the issue of the invoice. When such report is made, ITC of ` 24,000 will be added to his
output tax liability. Mohan Ltd will be required discharge this liability with interest @ 18% p.a. from the date
of availing credit till the date when the amount added to the output tax liability [Second proviso to section
16(2) of the CGST Act, 2017 read with rule 37 of the CGST Rules, 2017].
If Mohan Ltd. makes the payment of ` 2,24,000 (Value + tax) to the supplier on 18.03.20XY i.e., after the
expiry of 180 days from date of issue of invoice, Mohan Ltd. will have to report the default in the monthly
report, add the amount of ITC to his output tax liability and when the payment is made to the supplier, take
the credit of ` 24,000. The output tax liability added will have to paid with interest @18% for the period from
the date of availment of credit till the date of addition of the amount to the output tax liability.
20. A makes intra-State supply of goods valued at ` 50,000 to B within State of Karnatake. B makes inter-
State supply to X Ltd. (located in Telangana) after adding 10% as its margin. Thereafter, X Ltd. sells it
to Y in Telangana (Intra-State sale) after adding 10% as his margin.
Assume that the rate of GST chargeable is 18% (CGST 9% plus SGST 9%) and IGST chargeable is
18%. Calculate tax payable at each stage of the transactions detailed above. Wherever input tax
credit is available and can be utilized, calculate the net tax payable in cash. At each stage of the
transaction, indicate which Government will receive the tax paid and to what extent.
Answer
As per section 10(1) of the CGST Act, 2017, a registered person, whose aggregate turnover in the
preceding financial year did not exceed ` 1.5 crore in a State/UT [` 75 lakh in case of Special Category
States except Jammu and Kashmir, Assam & HP], may opt for composition scheme.
However, he shall not be eligible to opt for composition scheme if, inter alia, he is engaged in making any
inter-State outward supplies of goods.
Further, if the proper officer has reasons to believe that a taxable person has paid tax under composition
scheme despite not being eligible, such person shall, in addition to any tax payable, be liable to a penalty.
Thus, the action taken by the proper officer of levying the penalty for wrongly availing the composition
scheme is valid in law.
22. Mr. Anand Kumar, a regular taxpayer, filed his return of outward supply (GSTR-1) for the month of
August, 2020 before the due date. Later on, in February, 2021 he discovered error in the GSTR-1
return of August 2020 already filed and wants to revise it. You are required to advise him as to the
future course of action to be taken by him according to statutory provisions.
Answer
The mechanism of filing revised return for any correction of errors/omission is not available under GST. The
rectification of errors/omission is allowed in the subsequent returns.
Therefore, Mr. Anand Kumar who discovered an error in GSTR-1 for August, 2020, cannot revise it.
However, he should rectify said error in the GSTR -1 filed for February, 2021 and should pay the tax and
interest, if any, in case there is short payment, in the return to be furnished for February, 2021. The error
can be rectified by furnishing appropriate particulars in the “Amendment Tables” contained in
GSTR -1.
However, as per section 37(3) of the CGST Act, 2017, no rectification of details furnished in GSTR-1
shall be allowed after:
(i) filing of monthly return/ GSTR-3B for the month of September following the end of the financial year to
which such details pertain or
(ii) filing of the relevant annual return whichever is earlier.
23. Vayu Ltd. provides you the following particulars relating to goods supplied by it to Agni Ltd.:
Particulars `
List price of the goods (exclusive of Taxes and discounts). 76,000
Special packing at the request of customer to be charged to the customer. 5,000
Duty levied by local authority on the sale of such goods. 4,000
CGST and SGST charged in invoice. 14,400
Subsidy received from a NGO (The price of ` 76,000 given above is after 5,000
considering the subsidy)
Vayu Ltd. offers 3% discount of the list price of the goods which is recorded in the invoice for the
goods.Determine the value of taxable supplies made by Vayu Ltd.
Answer
Computation of value of taxable supplies by Vayu Ltd.
Particulars `
List price of the goods 76,000
Add: Special packing [Note 1] 5,000
Duty levied by local authority on sale of goods [Note 2] 4,000
CGST and SGST charged [Note 2] -
Subsidy received from a NGO [Note 3] 5,000
Less: Discount offered 2,280
= 3% of List price = ` 76,000 × 3% [Note-4]
2. Taxes, duties, etc. levied under any law for the time being in force other than CGST, SGST/UTGST,
IGST are includible in the value as per section 15(2)(a) of CGST Act, 2017. Duty levied by local
authority on sale of goods has been assumed to be recovered from Agni Ltd. and not included in the
list price of the goods.
3. Subsidy directly linked to the price received from a non -Government body is includible in the value in
terms of section 15(2)(e) of CGST Act, 2017.
4. Since discount is known at the time of supply, it is deductible from the value in terms of section
15(3)(a) of CGST Act, 2017
24. Mr. NY, a supplier of goods pays GST under regular scheme. Mr. NY is not eligible for any threshold
exemption. He has made the following outward taxable supplies during September 20XX:
He has also furnished the following information in respect of supplies received by him during
September 20XX:
Product A 6% 6% - 2,00,000
Product B 9% 9% - 1,00,000
Mr. NY has following ITCs with him at the beginning of September 20XX:
Particulars `
CGST 40,000
SGST 28,000
IGST 44,600
Note:
(i) Both inward and outward supplies are exclusive of taxes, wherever applicable.
(ii) All the conditions necessary for availing the ITC have been fulfilled.
Compute net GST payable by Mr. NY for the month of September 20XX. Make suitable assumptions
wherever required.
Product A 36,000
Product B 27,000
Total 66,000 66,000 63,000
Product A 18,000
Product B 14,400
Total 61,000 49,000 77,000
Note: ITC of IGST has been used to pay IGST first & then it is used to pay CGST and SGST in any order.
25. Sarva Sugam Charitable Trust, a trust registered under section 12AA of the Income Tax Act, 1961
provides the following information relating to supply of its services for the month of August 20XX:
`
Renting of residential dwelling for use as a residence 18,00,000
Renting of rooms for pilgrims (Charges per day ` 1,200) 8,00,000
Renting of rooms for devotees (Charges per day ` 750) 6,00,000
Renting of kalyanamandapam (Charges per day ` 15,000) 12,00,000
Renting of halls and open space (Charges per day ` 7,500) 10,75,000
Renting of shops for business (Charges per month ` 9,500) 4,75,000
Renting of shops for business (Charges per month ` 12,000) 7,50,000
Compute the total taxable value of supply for the month of August 20XX assuming that the above
amounts are exclusive of GST.
Answer
Notification No. 12/2017 CT (R) dated 28.06.2017 /Notification No. 9/2017 IT (R) dated 28.06.2017
[exemption notification] provides exemption to renting of precincts of a religious place meant for general
public, owned/managed by, inter alia, an entity registered as a charitable trust under section 12AA of the
Income -tax Act are exempt. However, exemption is not available if:
(i) charges for rented rooms are ` 1,000 per day or more;
(ii) charges for rented community halls, Kalyanmandapam, open area are ` 10,000 per day or more;
(iii) charges for rented shops are ` 10,000 per month or more.
Computation of value of supply of Sarva Sugam Charitable Trust for August, 20XX
Particulars Amount (`)
Renting of residential dwelling for use as residence Nil
[Exempt vide exemption notification]
However, the question can also be answered by assuming the various immovable properties to be
situated outside the precincts of the religious place meant for general public.
26. [Tax Invoice] Discuss the provisions relating to issue of an invoice/document in the following
circumstances:
(i) Advance payment is received against a supply, but subsequently no supplies are made.
(ii) Goods are sent on approval for sale or return and are removed before the supply takes place.
(iii) Malcolm provides continuous supply of services to his client, where the due date of payment
for such services is not ascertainable. No advance has been received in this behalf.
Answer
(i) As per section 31(3)(e) of CGST Act, 2017, where advance payment is received against a supply for
which receipt voucher has been issued, but subsequently no supplies are made and no tax invoice is
issued in pursuance thereof, a refund voucher has to be issued to the person who had made the
advance payment.
(ii) As per section 31(7) of CGST Act, 2017, where the goods are sent on approval for sale or return and
are removed before the supply takes place, the invoice shall be issued before or at the time of supply
or 6 months from the date of removal, whichever is earlier.
(iii) As per section 31(5)(b) of CGST Act, 2017, in case of continuous supply of services, where the due
date of payment is not ascertainable from the contract, the invoice shall be issued before or at the
time when the supplier of service receives the payment.
Solution:
A composite supply comprising of two or more supplies, one of which is a principal supply, shall be treated as
a supply of such principal supply vide section 8(a) of CGST Act, 2017.
A mixed supply comprising of two or more supplies shall be treated as supply of that particular supply that
attracts highest rate of tax in terms of section 8(b) of CGST Act, 2017. Contact through whatsapp for PDF
notes at 9953006445
28. [ITC] - Bring out the salient features of cross utilization of Input Tax Credit (ITC) under the GST Law?
Solution:
(i) CGST credit cannot be utilized for payment of SGST/UTGST.
(ii) SGST/UTGST credit cannot be utilized for payment of CGST.
(iii) Credit of IGST can be utilized for the payment of CGST/SGST/UTGST and vice versa.
29. Rahul Agri Millers Ltd., located in Haryana, is engaged in customs milling of paddy into rice. It does
not pay GST on the same as it is of the view that the process of milling of paddy into rice is exempt
under GST since is an intermediate production process in relation to cultivation of plants. However,
Department demands tax on said activity contending that it is not eligible for said exemption. You are
required to determine the veracity of the Department's contention.
Solution:
Yes, the contention of the Department is correct. As per Notification NO. 12/2017 CT (R) dated 28.06.2017,
carrying out an intermediate production process as job work in relation to cultivation of plants and rearing of
all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material or other similar
products or agricultural produce is exempt under GST.
Milling of paddy is not an intermediate production process in relation to cultivation of plants. It is a process
carried out after the process of cultivation is over and paddy has been harvested. Further, processing of
paddy into rice is not usually carried out by cultivators, but by rice millers. Milling of paddy into rice also
changes its essential characteristics.
Therefore, milling of paddy into rice cannot be considered as an intermediate production process in relation
to cultivation of plants for food, fibre or other similar products or agricultural produce. In view of the above, it
is clarified by CBIC that milling of paddy into rice is not eligible for exemption under said notification. Thus,
GST is payable on the said activity.
1. M/s Aditi & Co, a partnership firm registered under GST, is undertaking various Government
projects.
The firm has let out on hire the following vehicles-
(i) A motor vehicle to carry more than 15 passengers to a State Government Electricity
Department
(ii) An electric motor vehicle to carry more than 12 passengers to Local Municipal Corporation
(iii) An electric motor vehicle to carry up-to 12 passengers to State Transport Undertaking
The firm provided the following additional information for the month of October:
(i) Works contract services were availed for construction of immovable property being plant and
machinery, where value of GST component was ₹ 1,10,000.
(ii) GST amounting to ₹ 70,000 was paid on account of demand of the Department due to fraud in
returns filed.
(iii) Goods valuing ₹ 10,00,000, (GST on the same ₹ 1,00,000) were received 180 days ago (invoice
also issued on the date of receipt of supply) for which payment has been made till date to an
extent of ₹ 4,00,000 towards value, ₹ 40,000 towards tax.
The firm made two independent outward supplies in which value of supply was understated in one
case by ₹ 75,000 and overstated by ₹ 45,000 in the other case.
The firm received certain supply of goods from registered persons on which tax was payable under
reverse charge basis.
All the amounts given above are exclusive of taxes, wherever applicable. All transactions
referred to above are intra-State. All the conditions for availing ITC have been fulfilled subject to
the information given above.
From the information given above, choose the most appropriate answer for Q. 1 to Q. 5 given
below:-
1. In respect of vehicles let out on hire by the firm, services that are exempt from GST are
(i) Letting on hire a motor vehicle to State Electricity Department (>15 passengers)
(ii) Letting on hire an electric vehicle to Local Municipality (> 12 passengers)
(iii) Letting on hire an electric vehicle to State Transport Undertaking (<12 passengers)
(a) (i)
(b) (ii)
(c) (i) and (iii)
(d) (ii) and (iii)
2. Determine the amount of eligible ITC to be claimed by the firm for the month of October.
(a) ₹ 70,000
(b) ₹ 1,10,000
(c) ₹ 1,80,000
(d) Nil
4. Which of the following is correct in respect of document to be issued by the firm for
understatement and overstatement of invoice value?
(i) Debit note is to be issued for ₹ 75,000.
(ii) Credit note is to be issued for ₹ 75,000.
(iii) Debit note is to be issued for ₹ 45,000.
(iv) Credit note is to be issued for ₹ 45,000.
5. Which of the following statements is correct in respect of supply of goods received by the firm
which are taxable under reverse charge?
(i) Firm shall issue a payment voucher at the time of making payment to supplier.
(ii) Firm shall issue invoice for supply of goods.
(iii) Firm shall issue receipt voucher at the time of making payment to supplier.
(iv) Firm is not required to issue any document in respect of such supply.
(a) i
(b) i & ii
(c) ii & iii
(d) iv
6. Sahil, a resident of Delhi, is having a residential property in Vasant Vihar, Delhi which has been
given on rent to a family for ₹ 50 lakh per annum. Determine whether Sahil is liable to pay GST on
such rent.
(a) Yes, as services by way of renting is taxable supply under GST.
(b) No, service by way of renting of residential property is exempt.
(c) No, service by way of renting of residential property does not constitute supply.
(d) Sahil, being individual, is not liable to pay GST.
7. Various taxes have been subsumed in GST to make one nation one tax one market for consumers.
Out of the following, determine which taxes have been subsumed in GST.
(i) Basic customs duty levied under Customs Act, 1962
(ii) Taxes on lotteries
(iii) Environment tax
(a) (ii)
(b) (ii) and (iii)
(c) (iii)
(d) (i), (ii) and (iii)
9. Mr. Z of Himachal Pradesh starts a new business and makes following supplies in the first
month-
(i) Intra-State supply of taxable goods amounting to ₹ 17 lakh
(ii) Supply of exempted goods amounting to ₹ 1 lakh
(iii) Inter-State supply of taxable goods amounting to ₹ 1 lakh whether he is required to obtain
registration?
(a) Mr. Z is liable to obtain registration as the threshold limit of ₹ 10 lakh is crossed.
(b) Mr. Z is not liable to obtain registration as he makes exempted supplies.
(c) Mr. Z is liable to obtain registration as he makes the inter-State supply of goods.
(d) Mr. Z is not liable to obtain registration as the threshold limit of ₹ 20 lakh is not crossed.
ANSWER KEY
1 2 3 4 5 6 7 8 9
(b) (b) (b) (c) (a) (b) (a) (c) (c)
You may assume the applicable tax rate as 18%. Wedding Bells wishes to pay tax at a lower rate
and opts for the composition scheme. You are required to advise whether it can do so and calculate
the amount of tax payable for each quarter?
Solution:
Section 10(2A) of the CGST Act, 2017 provides the turnover limit of ₹ 50 lakh in the preceding financial year
for becoming eligible for composition levy for services. Wedding Bells has started the supply of services in
the current financial year (FY), thus, it’s aggregate turnover in the preceding FY is Nil. Consequently, in
the current FY, Wedding Bells is eligible for composition scheme for services. A registered person opting
for composition levy for services shall pay tax @ 3% [Effective rate 6% (CGST+ SGST/UTGST)] of the
turnover of supplies of goods and services in the State.
Further, Wedding Bells becomes eligible for the registration when the aggregate turnover exceeds ₹ 20 lakh
(the threshold limit of obtaining registration). While registering under GST, Wedding Bells can opt for
composition scheme for services.
The option of a registered person to avail composition scheme for services shall lapse with effect from the
day on which his aggregate turnover during a financial year exceeds the threshold limit of ₹50 lakh.
However, for the purposes of determining the tax payable under composition scheme, the expression
“turnover in State” shall not include the value of supplies from the first day of April of a FY up to the date
when such person becomes liable for registration under this Act.
Thus, for determining the turnover of the State for payment of tax under composition scheme for services,
turnover of April, 2020 – June, 2020 quarter [₹ 20 lakh] shall be excluded. On next ₹ 30 lakh [turnover of
July, 2020 – September, 2020 quarter], it shall pay tax @ 6% [3% CGST and 3% SGST].
For the purposes of computing aggregate turnover of a registered person for determining his eligibility to
pay tax under this section, aggregate turnover includes value of supplies from the 1st April of a FY up to the
date of his becoming liable for registration.
Thus, while computing aggregate turnover for determining Wedding Bells’s eligibility to pay tax under
composition scheme, value of supplies from the first day of April of a financial year up to the date when it
becomes liable for registration under this Act (i.e. turnover of April, 2020 – June, 2020 quarter), are
included.
By the end of July, 2020 – September, 2020 quarter, the aggregate turnover reaches ₹ 50 lakh.
Consequently, the option to avail composition scheme for services shall lapse by the end of July, 2020 –
September, 2020 quarter and thereafter, it is required to pay tax at the normal rate of 18%.
Considering the above provisions, the tax payable for each quarter is as under:-
S. Quarter GST rate Turnover GST payable
No. [CGST + SGST] (₹ in lakh) (₹ in lakh)
1 April, 2020 – June, 2020 - 20 -
2 July, 2020 – September, 2020 6% 30 1.8
3 October, 2020 – December, 2020 18% 40 7.2
Solution:
(i) As per Para I of Schedule III of the CGST Act, services by an employee to the employer in the course of
or in relation to his employment are non-supplies, i.e. they are neither supply of goods nor supply of
services. Services provided by the independent directors who are not employees of the said company
to such company, in lieu of remuneration as the consideration for the said services, are clearly outside
the scope of Schedule III of the CGST Act and are therefore taxable. Further, such remuneration paid
to the directors is taxable in hands of the company, on reverse charge basis.
Thus, GST is applicable in this case and Sun Moon Company Private Limited is liable to pay GST.
(ii) The part of director’s remuneration which is declared as salaries in the books of a company and
subjected to TDS under section 192 of the Income-tax Act (IT Act), is not taxable being consideration
for services by an employee to the employer in the course of or in relation to his employment in terms of
Schedule III.
Further, the part of employee director’s remuneration which is declared separately other than salaries in
the company’s accounts and subjected to TDS under section 194J of the IT Act as fees for
professional or technical services are treated as consideration for providing services which are
outside the scope of Schedule III and is therefore, taxable. The recipient of the said services i.e. the
company, is liable to discharge the applicable GST on it on reverse charge basis.
In lieu of the above provisions, ₹ 60,000 declared as salaries in the books of Sun Moon Company
Private Limited and subjected to TDS under section 192 of the Income-Tax Act (IT Act), is not
taxable being consideration for services by an employee to the employer in the course of or in relation
to his employment in terms of Schedule III.
Further, ₹ 65,000 declared separately other than salaries in the Sun Moon Company Private Limited’s
accounts and subjected to TDS under section 194J of the IT Act as professional services is treated as
consideration for providing services which is outside the scope of Schedule III and is therefore,
taxable. The recipient of the said services i.e. the Sun Moon Company Private Limited, is liable to
discharge the applicable GST on it on reverse charge basis.
(b) Will your answer in (a) change, if Miss Kashi has placed an order for some purchases during
August over her mobile phone, which has been received in her premises and she intends to
take input tax credit on the same?
(c) Assuming in (a) above, Miss Kashi does not have internet facility in her mobile and there is no
facilitation centre notified by the Commissioner, whether no return is required to be filed in the
absence of means to file return? Explain.
(b) Nil GSTR-3B means that the return has nil or no entry in all its Tables. Since in the present case,
Miss Kashi has received certain purchases, she cannot file Nil GSTR-3B, as the said purchases will
need to be disclosed in the “Table for Eligible ITC” in GSTR-3B.
Thus, Miss Kashi is required to file monthly return, GSTR-3B for the month of August.
(c) GSTR-3B can be submitted electronically on the common portal, either directly or through a
Facilitation Centre notified by the Commissioner. Further, a Nil GSTR-3B can be filed through an SMS
using the registered mobile number of the taxpayer.
Thus, Miss Kashi is required to file Nil GSTR-3B for the month of August through an SMS using her
registered mobile number even though there is no internet facility in her mobile and no Facilitation Centre
notified by the Commissioner.
13. [Based on Amendments] Bali Limited, a registered taxpayer, provides security services to registered
persons from Mumbai office and Delhi office. The aggregate turnover of Mumbai office and Delhi
office in the preceding financial year is ₹ 300 crore and ₹ 250 crore respectively. For the month of
November in the current financial year, Bali Limited prepares duplicate invoices and does not issue e-
invoice as it is of the view that it’s aggregate turnover does not cross the threshold limit to make it
liable for issuing e- invoices.
Briefly explain whether the view taken by Bali Limited is correct in law? Also explain the
advantages of e-invoicing, if any.
Solution:
The view taken by Bali Limited is not correct in law.
All notified registered businesses (except specified class of persons) with an aggregate turnover (based on
PAN) in the preceding financial year greater than ₹ 500 crore are required to issue e-invoices.
The eligibility is based on aggregate annual turnover on the common PAN. Thus, the aggregate total turnover
of Bali Limited is more than ₹ 500 crores (considering both the GSTINs) and is required to issue e-invoices.
Further, where e-invoicing is applicable, there is no need of issuing invoice copies in triplicate/duplicate.
E-invoice has many advantages for businesses, which have been given as under:-
(i) Auto-reporting of invoices into GST return and auto-generation of e-way bill (wherever
required). Under e-invoicing, business has to report the B2B invoice data only once in the e-invoice form
and the same is reported in multiple forms (GSTR-1, e-way bill etc.). E-way bill can be auto-generated
using e- invoice data. GSTR-1 can also be auto-populated with the e-invoice data. It will become part of
the business process of the taxpayer.
(ii) Accuracy/Reconciliation. Since same data is reported to tax department as well as to the buyer to
prepare his inward supplies (purchase) register, transcription errors are reduced. On receipt of
information through GST System, buyer can do reconciliation with his Purchase Order.
(iii) Early payment. E-invoicing facilitates standardisation and inter-operability leading to reduction of
disputes among transacting parties and thus, improving payment cycles.
(iv) Cost reduction. E-invoicing helps in reducing processing costs and thus, leads to improvement of
overall business efficiency.
(v) Reduction of tax evasion. Since a complete trail of B2B invoices is available with the Department, it
will enable the system-level matching of input tax credit and output tax thereby reducing the tax evasion.
(vii)Paper Elimination. E-invoicing helps in paper elimination and thereby it is eco- friendly.
Note: The due date of filing of Form GSTR-1 and Form GSTR-3B for the month of October are 11th
November and 20th November respectively. Subject to the information given above, all the other
conditions for availing ITC have been complied with.
Solution:
ITC to be claimed by Sunshine Pvt. Ltd. in its GSTR-3B for the month of October to be filed by 20th
November will be computed as under-
2. 100% ITC can be availed on invoices uploaded by the suppliers in their Form GSTR-1. However,
section 17(5) of the CGST Act, 2017 blocks ITC on motor vehicles for transportation of persons having
approved seating capacity of not more than 13 persons if they are not used for making the following
taxable supplies, namely:—
(A) further supply of such motor vehicles; or
(B) transportation of passengers; or
(C) imparting training on driving such motor vehicles
Since Sunshine Pvt. Ltd. is not using the car for any of the aforesaid mentioned purpose, ITC thereon will
not be available.
3. In respect of invoices at S. Nos. 5, 6 7 and 8 not uploaded in Form GSTR-1s, the ITC has been
restricted to 10% of eligible ITC in respect of invoices uploaded in Form GSTR-1s, i.e. 10% of ₹ 4,80,000
in terms of rule 36(4) of the CGST Rules, 2017.
4. The restriction of availment of ITC is imposed only in respect of those invoices, details of which are
required to be uploaded by the suppliers under section 37(1) of the CGST Act, 2017 and which have not
been uploaded. Therefore, full ITC can be availed in respect of IGST paid on imports which are outside
the ambit of section 37(1) [
2. Parikshit Ltd., engaged in providing a bouquet of services, is registered under GST law. It furnishes
the following information for the month of March in relation to various services provided by it:
Particulars ₹
Fees from prospective employers for campus interview in its college 5,20,000
Five buses each with seating capacity of 40 passengers given on hire to State 6,50,000
Transport Undertaking
Receipts of 'Shiny', a commercial coaching institute providing coaching in the field of 1,82,000
commerce (a certificate was awarded to each trainee after completion of the training)
Interest received on fixed deposits of the company with Dhanvarsha Bank 6,50,000
Receipts from running a Boarding School (including receipts for providing residential 39,00,000
dwelling service of ₹ 18,20,000)
Receipts of 'Sikshit Samudai' - an Industrial Training Institute (ITI) affiliated to the 2,60,000
National Council for Vocational Training (NCVT). Courses run by said ITI are in
designated trades
Receipts of 'Pratibha Institute', an institute registered with Directorate General of 1,30,000
Employment and Training (DGET), Union Ministry of Labour and Employment, running a
Modular Employable Skill Course (MESC) approved by the National Council for
Vocational Training (NCVT)
Compute the GST payable by Parikshit Ltd. assuming that all the above receipts are exclusive of
GST wherever applicable and the rate of GST applicable on all the supplies is 18%.
Five buses each with seating capacity of 40 passengers given on hire to Nil Nil
State Transport Undertaking
[Services by way of giving on hire to a State transport undertaking (STU), a motor
vehicle meant to carry more than 12 passengers, are exempt vide Notification No.
12/2017 CT(R) dated 28.06.2017 (hereinafter referred to as exemption
notification).]
Interest received on fixed deposits of the company with Dhanvarsha Bank Nil Nil
[Services by way of extending deposits, loans or advances in so far as the
consideration is represented by way of interest or discount (other than interest
involved in credit card services) are exempt vide exemption notification.]
Receipts from Boarding School including receipts for residential dwelling Nil Nil
service
[Services provided by an educational institution to its students, faculty and staff
are exempt vide exemption notification. Boarding School providing education up
to higher secondary school or equivalent is an educational institution since it
provides composite supply of education service coupled with other services like
providing dwelling units for residence and food wherein the principal supply is
supply of education service.]
Receipts of 'Pratibha Institute' running Modular Employable Skill Course Nil Nil
[Services provided by an educational institution to its students, faculty and staff
are exempt vide exemption notification. Pratibha Institute is an educational
institution running approved vocational education course.]
3. Paridhi Ltd. is a registered manufacturer engaged in taxable supply of goods. Paridhi Ltd. purchased
the following goods during the month of January and provided the following information:
S. Particulars GST paid
No. (₹)
1. Capital goods purchased on which depreciation has been taken on full value 15,000
including input tax thereon
4. Goods used for setting up telecommunication towers being immovable property 50,000
Determine the amount of input tax credit (ITC) available to Paridhi Ltd. while filing GSTR-3B for the
month of January by giving necessary explanations for treatment of various items as per the
provisions of the CGST Act, 2017. You may assume that all the necessary conditions for availing the
ITC have been complied with by Paridhi Ltd.
Solution:
Computation of ITC available with Paridhi Ltd. in January
S. Particulars Amount
No. (₹)
1. Mr. X, a registered supplier of Meghalaya wants to opt for composition levy under Section
10(1). The turnover limit for composition levy is-
a. ` 50 lakh
b. ` 75 lakh
c. ` 1 crore
d. none of the above
2. The persons making inter-State supplies from Madhya Pradesh is compulsorily required to
get registered under GST, _____
(a) if his all India based aggregate turnover exceeds ` 20 lakh in a financial year
(b) if his all India based aggregate turnover exceeds ` 10 lakh in a financial year
(c) irrespective of the amount of aggregate turnover in a financial year
(d) in case of making inter-State supply of taxable goods, irrespective of the amount of aggregate
turnover in a financial year
3. Which of the following services are exempt under GST?
(a) testing of agricultural produce
(b) supply of farm labour
(c) warehousing of agricultural produce
(d) all of the above
4. Mr. Suraj Agrawal has booked a room on rent in Sunshine Hotel for the purpose of lodging
on 10.08.20XX. GST is not payable by Mr. Suraj Agrawal in case value of supply for the same
is ____
(a) ` 800
(b) ` 6000
(c) ` 11000
(d) ` 1500
5. Input tax credit is not available in respect of _______.
(a) services on which tax has been paid under composition levy
(b) free samples
(c) goods used for personal consumption
(d) all of the above
6. Mr. Vansh, a registered person, deals in supply of taxable goods. He need not issue tax
invoice for the goods supplied on 16.04.20XX as the value of the goods is ___.
(a) ` 1,200
(b) ` 600
(c) ` 150
(d) ` 200
8. Transportation of ____by rail from Chennai to Gujarat are exempt from GST. (i) pulses (ii)
military equipments (iii) electric equipments (iv) biscuits
(a) (i) & (ii)
(b) (i) & (iii)
(c) (ii) & (iv)
(d) all of the above
9. Services by way of warehousing of _____is exempt from GST. (i) processed tea (ii) jaggery
(iii) processed coffee (iv) rice
(a) (i) & (ii)
(b) (iii)
(c) (iv)
(d) all of the above
10. GST is payable by recipient of services in the following cases:- (i) Services provided by way
of sponsorship to ABC Ltd. (ii) Services supplied by a director of Galaxy Ltd. to CA Suraj
Agrawal. (iii) Services by Department of Posts by way of speed post to MNO Ltd. (iv)
Services supplied by a recovering agent to SNSP Bank
(a) (i) & (iii)
(b) (i) & (iv)
(c) (ii) & (iii)
(d) (ii) & (iv)
11. Which of the following statement is true for Mr. X, a casual taxable person?
(a) Mr. X is not required to take registration under GST.
(b) Mr. X is required to get registration under GST, if the aggregate turnover in a financial year
exceeds ` 20 lakh.
(c) Mr. X can opt for voluntary registration under GST.
(d) Mr. X has to compulsorily get registered under GST irrespective of the threshold limit.
12. The registration certificate granted to Non resident taxable person is valid for _____days
from the effective date of registration or period specified in registration application,
whichever is ealier.
(a) 30
(b) 60
(c) 90
(d) 120
14. Balance in electronic credit ledger can be utilized against which liability?
(a) Output tax payable
(b) Interest
(c) Penalty
(d) All of the above
15. What is the due date for payment of tax for a normal taxpayer?
(a) Last day of the month to which payment relates
(b) Within 10 days of the subsequent month
(c) Within 20 days of the subsequent month
(d) Within 15 days of the subsequent month
16. How the aggregate turnover is calculated for computing threshold limit of registration?
i. Aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is
payable by a person on reverse charge basis), exempt supplies, export of goods/services and
interstate supplies of a person having same PAN computed on all India basis.
ii. Aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is
payable by a person on reverse charge basis), exempt supplies, export of goods/services and
interstate supplies of a person computed for each state separately.
iii. Aggregate value of all taxable intrastate supplies, export of goods/services and exempt
supplies of a person having same PAN computed for each state separately.
iv. Aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is
payable by a person on reverse charge basis), exempt supplies, export of goods/services and
interstate supplies of a person having same PAN computed on all India basis and excluding
taxes if any charged under CGST Act, SGST Act and IGST Act.
(a) (i)
(b) (ii)
(c) (iii)
(d) (iv)
17. Within how many days a person should apply for registration?
(a) Within 60 days from the date he becomes liable for registration.
(b) Within 30 days from the date he becomes liable for registration.
(c) No Time Limit
(d) Within 90 days from the date he becomes liable for registration.
20. Within how many days an application for revocation of cancellation of registration can be
made (Suraj Agrawal Tax Class – 8527230445)?
a. Within 7 days from the date of service of the cancellation order.
b. Within 15 days from the date of issue of the cancellation order.
c. Within 45 days from the date of issue of the cancellation order.
d. Within 30 days from the date of service of the cancellation order.
21. Can a registered person opting for composition scheme collect GST on his outward
supplies?
(a) Yes, in all cases
(b) Yes, only on such goods as may be notified by the Central Government
(c) Yes, only on such services as may be notified by the Central Government
(d) No
22. In case of Goods Transport Agency (GTA) services, tax is to be paid under forward charge
if:
(a) GST is payable @ 12%
(b) GST is payable @ 5% and a factory registered under the Factories Act, 1948 is the recipient of
GTA service.
(c) GST is payable @ 5% and an unregistered individual end customer is the recipient of GTA
service.
(d) None of the above
23. Which of the following services are not exempt from GST?
(a) Yoga camp conducted by a charitable trust registered under section 12AA of the Income-tax
Act, 1961.
(b) Services provided by business correspondent to the rural branch of a bank with respect to
Savings Bank Accounts
(c) Services provided by cord blood bank for preservation of stem cells.
(d) Service provided by commentator to a recognized sports body
24. The term ‘goods’, as defined under section 2(52) of the CGST Act, 2017, does not include-
(a) Grass
(b) Money and securities
(c) Actionable claims
(d) Growing crops
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25. Jatin Ltd. has provided following information for the month of September:
i. Intra-State outward supply ` 8,00,000/-
ii. Inter-State exempt outward supply ` 5,00,000/-
iii. Turnover of exported goods ` 10,00,000/-
iv. Payment made for availing GTA services ` 80,000/-
30. Discount given after the supply is deducted from the value of taxable supply, if –
(a) such discount is given as per the agreement entered into at/or before the supply
(b) such discount is linked to the relevant invoices
(c) proportionate input tax credit is reversed by the recipient of supply
(d) all of the above
34. For banking companies using inputs and input services partly for taxable supplies and
partly for exempt supplies, which of the statement is true?
(a) ITC shall be compulsorily restricted to credit attributable to taxable supplies including zero
rated supplies
(b) 50% of eligible ITC on inputs, capital goods, and input service shall be mandatorily taken in a
month and the rest shall lapse.
(c) Banking company can choose to exercise either option (a) or option (b)
(d) None of the above
35. A supplier takes deduction of depreciation on the GST component of the cost of capital
goods as per Income- tax Act, 1961. The supplier can-
(a) avail only 50% of the said tax component as ITC
(b) not avail ITC on the said tax component
(c) avail 100% ITC of the said tax component
(d) avail only 25% of the said tax component as ITC
37. Which of the following services received without consideration amount to supply?
1. Import of services by a person in India from his son well-settled in USA
2. Import of services by a person in India from his brother well-settled in Germany
3. Import of services by a person in India from his brother (wholly dependent on such person in
India) in France
4. Import of services by a person in India from his daughter (wholly dependent on such person in
India) in Russia
(a) 1), 3) and 4)
(b) 2), 3) and 4)
(c) 2) and 3)
(d) 1) and 2)
38. Which of the following persons is not eligible for composition scheme even though their
aggregate turnover does not exceed ` 1.5 crore in preceding FY, in Uttar Pradesh?
(a) A person supplying restaurant services
(b) A person supplying restaurant services and earning bank interest
(c) A person supplying restaurant services and warehousing of rice
(d) A person supplying restaurant services and manufacturing of Pan-masala
40. Which of the following services does not fall under reverse charge provisions as contained
under section 9(3) of the CGST Act?
(a) Services supplied by arbitral tribunal to business entity
(b) Sponsorship provided to any partnership firm
(c) Sponsorship provided to any body corporate
(d) None of the above
45. Registration certificate granted to casual taxable person or non-resident taxable person will
be valid for:
(a) Period specified in the registration application
(b) 90 days from the effective date of registration
(c) Earlier of (a) or (b)
(d) Later of (a) or (b)
46. In case of taxable supply of services by a non- banking financial company (NBFC), invoice
shall be issued within a period of __________ from the date of supply of service.
(a) 30 days
(b) 45 days
(c) 60 days
(d) 90 days
47. Where the goods being sent or taken on approval for sale or return are removed before the
supply takes place, the invoice shall be issued:
(a) before/at the time of supply.
(b) 6 months from the date of removal.
(c) Earlier of (a) or (b).
(d) Later of (a) or (b).
48. Invoice shall be prepared in (i) ___________ in case of taxable supply of goods and in
(ii)_____________ in case of taxable supply of services.
(a) (i) Triplicate, (ii) Duplicate
(b) (i) Duplicate, (ii) Triplicate
(c) (i) Duplicate, (ii) Duplicate
(d) None of the above
49. Which of the following shall be discharged first, while discharging liability of a taxable
person?
(a) All dues related to previous tax period
(b) All dues related to current tax period
(c) Demand raised under section 73 and 74
(d) No such condition is mandatory.
53. Input Tax Credit of IGST can be utilised in the following sequence:
(a) SGST/UTGST, CGST, IGST (SATC)
(b) IGST, CGST or SGST/UTGST in any order
(c) IGST, SGST/UTGST, CGST
(d) CGST, SGST/UTGST, IGST
54. Mr. A has a tax invoice [dated 20-1-2021] of services received by him. Its input tax credit is
lost if ITC is not availed on or before–
(a) 20-1-2022
(b) 31-12-2021
(c) 20-1-2021
(d) date of filing return of September, 2021 or date of filing of annual return for 2020-21, whichever
is earlier.
56. Which of the following is not considered as ‘goods’ under the CGST Act, 2017?
(a) Sale of a ten-paisa coin having sale value of ` 100/-
(b) Sale of shares of unlisted company
(c) Sale of lottery tickets
(d) All of the above
59. Which of the following is treated as exempt supply under the CGST Act, 2017?
(a) Sale of liquor
(b) Supply of health care services
(c) Supply of electricity
(d) All of the above
60. Which of the following is a recognised system of medicine for the purpose of exemption for
health care services?
(a) Allopathy
(b) Unani
(c) Siddha
(d) All of the above
61. Which of the following services is exempt under health care services provided by clinical
establishments?
(a) Chemist shop in the hospital selling medicines to public at large
(b) Food supplied from an outsourced canteen to in-patients as per diet prescribed by the hospital
dietitian
(c) Advertisement services provided by the hospital to a pharmaceutical company for their asthma
pump by displaying it prominently in the hospital building
(d) All of the above
64. Which of the following is not eligible for opting composition scheme u/s 10(1) under GST?
(a) M/s ABC, a firm selling garments having annual turnover of ` 78 lakh.
(b) A startup company operating restaurant in Delhi having a annual turnover of ` 98 lakh.
(c) A courier service company operating solely in Mumbai having annual turnover of ` 90 lakh.
(d) A trader selling grocery items having an annual turnover of ` 95 lakh.
ANSWER KEY
1 B 11 D 21 D 31 C 41 D 51 C 61 B
2 D 12 C 22 A 32 A 42 D 52 C 62 B
3 D 13 D 23 D 33 B 43 D 53 B 63 A
4 A 14 A 24 B 34 C 44 C 54 D 64 C
5 D 15 C 25 C 35 B 45 C 55 D 65 D
6 C 16 D 26 C 36 A 46 B 56 B
7 D 17 B 27 D 37 A 47 C 57 C
8 A 18 C 28 D 38 D 48 A 58 B
9 C 19 C 29 D 39 D 49 A 59 D
10 B 20 D 30 D 40 D 50 C 60 D
THANK YOU
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GST By CA Suraj Agrawal SATC MCQ A.12
Class Notes