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Top 50 Questions UnAnswered Queries

5986 unanswered question(s) — Showing 1901–1920

Que. Id Date Description
18272 Jun. 21
2017
CGST Act - Schedule II – (GST)
Schedule II describes some cases which are either to be treated as supply of goods or as supply of services. Some of activites listed therein may be with or without consideration and for others nothing has been specifed about the consideration. Q. Is there any requirement that such activities in respect of which law is silent on the issue of consideration or in course or furtherance of business are to be made for consideration and in course or furtherance of business. or these activities are to be treated as supply by default.
BY: shashank gupta
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18268 Jun. 19
2017
FIRM REGISTRATION DATE WITH RBI – (MISC.)
How is it possible to obtain the dateof registration of firm with RBI?
BY: S ANU RADHA
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18259 Jun. 16
2017
Composite Supply – (GST)
Q-1. Is the test "ancillary supplies cannot be used without the predominent supply" necessary to decide a composite supply. Q-2.is the test "every supply canbe used separately" necessary to decide mixed supply.
BY: shashank gupta
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18260 Jun. 16
2017
ITC – (GST)
At present, my local purchase made @5 and inter-state sales made @2. so not able to avail the ITC on purchases. what about such balance of ITC in GST? whether such ITC is carried forward to GST? If credit available in GST then up to which period, shall I avail such ITC?
BY: BHAVESH VACHHANI
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18263 Jun. 16
2017
Threshold Limit – (GST)
As per Section 22, a person who has more than 20 L aggregate supply in a year, has to register. But tax liability is restricted to taxable supply. The Definition of aggregate supply includes, taxable, non taxable and exempted supplies. This means a person having FD interest of 12 L (exempted turnover) and rent from commercial property of 9 L, has to register under GST, but pay tax on 9 L, of rental income only. In effect threshold Limit of 20 L has not much relief for small time suppliers of taxable supply under GST- Is my view correct? If my view is correct, every hospital has to register because they may be having rental income from pharmacy and or canteen. Once register they will be hit by section 9(4) of the CGST Act.
BY: Ethirajan
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18257 Jun. 15
2017
STATUS OF TED REFUND UNDER EPCG SCHEME POST GST – (Customs & Excise)
We are a Yarn Manufacturing Spinning unit - being agriculture input we are unregistered with Excise. Now we are into expansion, we have a projection of acquiring Capital Goods worth INR 100 Cr. on which earlier we were eligible for Terminal Excise Duty Refund amounting to INR 10-12.5 Cr (Approx). For this machinery also we have already acquired EPCG licenses. Query- 1. What shall be the status of those license already acquired ? 2. Now Excise Duty thereafter known as GST, how shall we be able to take refund on (100 Cr * 28 INR 28 Cr) Pls Reply. Regards, Akshita Goyal From, Ms. Vaibhavlaxmi Spintex LLP (KADI, Gujarat)
BY: AKSHITA GOYAL CA
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18254 Jun. 14
2017
Partition of HUF – (OTHER BODIES)
Can Minor child relinquish hisher right from Great Grandfathers HUF ? If yes, how?
BY: shraddha
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18252 Jun. 13
2017
Medical Unit (GST registration and related issues) – (GST)
A Nursing home being exempt entity in GST for its outward supply, is procuring input materials bearing GST, and partly from unregistered buyer as well. My query is 1. Whether the medical unit is required to take GST registration 2. Whether the Medical unit is liable to pay GST on reverse charge basis for purchases from unregistered buyer. 3. Whether the medical unit can claim refund for its input GST and reverse charge payable amount. And to what extent. Please clarify.
BY: pradeep kumar agrawal
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18253 Jun. 13
2017
Reimbursement(w.r.t taxable goods/services from URD) employee by Registered employer attrach GST und – (GST)
Facts employee on a business tour (among other expenses) had incurred amount of Rs. 22,000 w.r.t taxable goodsservices procured from URD(s). Such amount is reimbursed by registered employer to the employee. Invoice(s) is in name of employee and employers name is not referred on such invoice(s) Questions 1.whether such employer can be treated as recipient under section 2(93) of CGST Act, 2017. Section 2(93) states Recipient is the person who is liable to pay consideration. 2.whether such employer is liable to pay GST under reverse charge under section 9(4) of CGST Act, 2017. Section 9(4) states that supply made by URD to registered recipient shall attract reverse charge.
BY: shashank gupta
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18244 Jun. 05
2017
Eligibility of CA Firm for appointment OF Auditor – (AUDIT)
"I am sole proprietorship firm and auditor for a listed company my first term as per The company Act, 2013 will expire in AGM held for year 2017 i.e in September 2017 before that I have converted my firm from sole proprietorship to Partnership Firm Do I am eligible for appointment for next term as per The Company Act, 2013"
BY: Aakanksha Madhav
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18245 Jun. 05
2017
Acquisition of a partnership firm by way of slump sale on a going concern basis – (CORPORATE & OTHER LAWS)
The Partners of the firm are also Directors of the Private Limited Company.The proposal for acquisition of partnership firm is approved by the Board. Now for completing the acquisition, do the company needs to move a special resolution with explanatory statements and ROC filings? Please help.
BY: sabukuriakose
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18246 Jun. 05
2017
Share capital brought in cash – (Companies Act, 2013)
A company is incorporated in 2015, with paid up capital of Rs 1 lakh. Rs 25000 was brought in by share holders in cheque and balance Rs 75000 was brought in cash. Can shareholders bring share capital in cash?
BY: Sivaraman.A.R
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18242 Jun. 02
2017
medical reimbursement after retirement – (Income From Salary)
Assessee has received medical reimbursement from his old employer after his retirement amounting to Rs.1,00,000- What is the taxable reimbursement that can be taken? Whether Rs.15,000- is applicable for retired employees also? Whether Rs.1 lakh is exempt from tax? if so under what section?
BY: CA. ANURADHA A V
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18243 Jun. 02
2017
CLOSING STOCK INPUT CALCULATION – (GST)
As per the draft rules of transition for GST, only 40 of the excise duty paid will be given as credit if duty paying documents are not available. If duty paying documents are available then 100 of the excise paid will be given as credit for example existing goods carrying ( excise duty being 14) or( 9) what amount of credit will be given in the new GSTN era if the GSTN rate changes for the old commodity in hand. Shall we get credit of input as per my old record, or the credit will be given as per new rate of GST.
BY: pradeep kumar agrawal
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18240 Jun. 01
2017
Query related to Conversion of Partnership firm in to LLP – (DIRECT TAXES)
Q. If the Partnership Firm has converted in to the LLP on 18062016 and in this case for the purpose of filing of IT Return for the A.Y.Y.2017-18 the income and expenses of the Partnership firm are to be taken on proportionate basis ie (From 01.04.2016 to 17.06.2016) in case of Partnership and remaining to be taken in the LLP from 17.06.2016 to 31.03.2017) or is there only single Income tax Return has to be filed by LLP for whole financial year ( 2016-17) . My query as under 1) Is The income and expenses to be taken as proportionately ? 2) Is there only single IT Return filed for whole financial year by LLP? Please give your valuable suggestions on this matter.
BY: GOPAL KUMAR AGRAWAL
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18234 May. 29
2017
whether the schedule can override the Act, – (GST)
Section 2(17) defines term “business”. This includes admission for a consideration of person to any premise Sec 2(17)(f). This clause has specific reference to “ consideration” which is essential factor to treat this activity as business, On the other hand schedule I treats supply of goods or service between related persons even without consideration, in the course of business, as supply for purpose of GST. To me there appears to be conflict. The question is whether the schedule can override the Act,
BY: Ethirajan
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18235 May. 29
2017
Registration under GST – (GST)
There are cases where, the landlord will be having commercial properties in different states. His permanent residence may be in one of the states. There are two views on applicability of GST on rental income from above properties. One view is that landlord should register himself in each of the state and pay respective state tax and central tax. The other view is he should register in the state where he resides, and charge IGST on rental income from properties situate in other states Can anyone explain the correct Tax applicable,
BY: Ethirajan
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18231 May. 28
2017
Reverse Charge Mechanism – (GST)
A dealer is engaged in buying and selling of second-hand goods. He buys goods from open market from non-registered persons and sells the same again to non-registered customers. In GST, whether the dealer would be required to pay tax on its purchases, made from un-registered customers, under Reverse charge (Section 9(4)). Please note that purchases are made from normal persons and not traders.
BY: PRATIK V DHRUVE
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18228 May. 25
2017
Quantity of Stock as on 30-6-17 – (GST)
Some people are trying to clear there stocks or minimise it at the time of implementation of GST. What is the reason for that. Though in case of Textile traders who are on date not covered under VAT if input credit is provided on closing stock(as some inputs like Yarn have already suffered ExciseVat etc)they will be benefitted I suppose.Please advise in the matter.
BY: Mahesh Kumar
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18227 May. 24
2017
Statement of Financial Transation – (DIRECT TAXES)
If there are no specified reporting transaction during the year , so it is mandatory to file NIL statement in Form 61 A or only SFT Preliminary Response is required to be filed or both are required.
BY: SHILPA PAMECHA
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