Sunday, 30 March 2025

FREQUENT QUESTIONS ASKED BY FOLLOWERS (BLOG NO.03)

BLOG NO.03

FREQUENTLY ASKED QUESTIONS BY FOLLOWERS

Q.1 WHETHER ITC CAN BE UTILISED WHILE SUPPLYING GOODS OR SERVICES TO SEZ UNIT UNDER WITH PAYMENT OF TAX?? (ASKED BY VEDAVYAS)

ANSWER:- YES, ITC CAN BE UTILISED.

AS PER SECTION 16(1) OF IGST ACT, SEZ SUPPLIES ARE ALSO KNOWN AS "ZERO RATED SUPPLIES" I.E. TREATMENT IS SAME AS OF NORMAL EXPORTS. AND CAN BE DONE IN TWO WAYS:-

1.WITH PAYMENT OF TAX:- IGST IS CHARGED AND ITC CAN BE UTILISED, FURTHER IGST PAID CAN BE CLAIMED AS REFUND

2.WITHOUT PAYMENT OF TAX:- NO TAX IS PAID, REFUND OF ITC CAN BE CLAIMED.

Q.2 HOW DO YOU STAY UPDATED? (ASKED BY MAYUR NANKANI)

ANSWER:- WE FOLLOW RELEVANT PAGES ON INSTAGRAM AS WELL REGULARLY WATCHING YOUTUBE VIDEOS AND KEEP A TRACK OF NOTIFICATIONS FROM OFFICIAL WEBSITE OF INCOMETAX AND GST

Q.3 WHEN ITR FOR F.Y. 204-25 CAN BE FILED? (ASKED BY ANKUSH)

ANSWER:- LAST DATE TO FILE PERSONAL RETURN IS 31ST JULY 2025 FOR F.Y. 2024-25, YOU CAN FILE AS EARLIER AS YOU WANT FROM 01ST APRIL 2025, HOWEVER GENERALLY ITR FORMS ARE NOT AVAILABLE IN APRIL MONTH, SO YOU CAN FILE ONCE FORMS ARE AVAILABLE. GENERALLY IN MAY OR JUNE.

Q.4 ISD COMPLIANCE REGISTRATION AND RETURN? (ASKED BY SUDARSAN)

ANSWER:- SEPRATE REGISTRATION IS REQUIRED FOR ISD AS ISD WHERE IT CAN DISTURBUTE COMMON ITC ACCORDINGLY. FURTHER ISD CAN RECEIVE ONLY SERVICES AND NOT GOODS.GSTR-6 IS REQUIRED TO BE FILED BY 13TH OF NEXT MONTH. ISD CAN DISTRIBUTE ITC TO ITS BRANCHES IN SAME STATE AS WELL AS IN DIFFERENT STATES.

Q.5 NEED LATEST UPDATES ON DAILY BASIS? (ASKED BY HASMITA)

ANSWER:- WILL TRY TO CREATE A WHATSAPP GROUP AS SOON AS POSSIBLE

Q.6 GST ON ROYALTY? (ASKED BY ABHI)

ANSWER:- YES GST ON ROYALTY IS APPLICABLE @ 18% UNDER RCM

Q.7 WHAT QUALITIFCATIONS REQUIRED FOR A 30K JOB? (ASKED BY VINAY)

ANSWER:- JUST BASIC KNOWLEDGE OF INCOMETAX AND GST AND ACCOUNTING AS WELL. WE PROVIDE GST COURSE. YOU CAN PURSUE THAT. SIMILARLY YOU CAN GET SMALL COURSES ANYWHERE WHICH WILL INCREASE AND STRONG YOUR BASICS.

Q.8 ITR FILED AND TDS SHORT CLAIMED, WHETHER REMANING TDS CAN BE CLAIMED NOW? (ASKED BY SAQIBI)

ANSWER:- YES IF ITR IS FILED AND NOT PROCESSED, YOU CAN REVISE ITR WITH CORRECT TDS DETAILS AND IF ITR IS PROCESSED, YOU CAN FILE RECTIFICATION INDICATING REASON AS TDS MISMATCH

Q.9 IN GST AMENSTY, IF THERE IS ORDER OF RCM LIABILITY U/S 73 AND AGAINST WHICH APPEAL HAS BEEN FILED, HOW TO PROCEED FURTHER? (ASKED BY ____)

ANSWER:- IN MY OPINION FIRST OF ALL, IF ORDER IS RELATED TO AMENSTY PERIOD ONLY, THEN WITHDRAW THE APPEAL AND FILE SPL-02 ALONG WITH PAYMENT OF TAX. FURTHER 10% WHICH WAS ALREADY PAID AS PRE-DEPOSIT IN APPEAL CAN BE CLAIMED BE REFUND BY FILING AN APPLICATION. BUT FILE REFUND ONLY ONCE PROCEEDINGS ARE DROPPED UNDER AMENSTY SCHEME AND BENEFIT OF AMENSTY SCHEME IS CLAIMED.

Q.10 IN PRIVATE LIMITED COMPANY, AUTHORISED IRECTOR DETAILS ARE REQUIRED ONLY IN AUTHORISED SIGNATORY TAB OR ELSE IN AUTHORISED REPRESENTATIVE TAB? (ASKED BY ALOK)

ANSWER:- ONLY IN AUTHORISED SIGNATORY TAB.

Q.11 WHETHER WHILE FILING TDS RETURN FOR RENT PAYMENT, WHICH AMOUNT IS REQUIRED TO BE FILLED WITH GST AND TDS OR ELSE? (ASKED BY ALOK)

ANSWER:- RENT AMOUNT WILL BE REPORTED EXCLUIVE OF GST AND TDS, i.e.. GROSS VALUE TO BE REPORTED. SUPPOSE RENT IS RS.40,000/- PM, THEN TDS WILL BE 4000,  (10%) AND GST WILL BE 7200 (18%), THEN ONLY 40,000 IS REQUIRED TO BE REPORTED WHILE FILING TDS RETURN

Thursday, 6 March 2025

Answers to Questions posted by Followers regarding GST ACT and INCOME TAX ACT

 

I have tried to reply all your questions, comment below your issues and join the discussion and we will try to give response to those issues also. 

Answer to your questions

 

Q.1 WHAT IS GST RATE ON JOB WORK WHERE JOB WORK IS DONE ON GOODS OWNED BY OTHER PARTY? (ASKED BY SAGAR)

Answer:-  GST Rate on job work activities differs from 1.5% to 18% depending on type of Job work activities.

a) Job work on textile and textile products attracts 5% GST. (Dyeing, Printing of textile fabrics etc)

b) Tailoring or Alteration services covered under 18% GST.

c) Job work relating to leather goods & footwear attracts 12% GST.

d) Job work on jewellery & ornaments attracts 1.5% GST.

e) Job work on imitation jewellery attracts 18% GST.

Therefore rate generally depends on type of activities performed. Further in some cases if principal is unregistered jobwork can charge 18% GST instead of 1.5% 5%,12% etc

 

Q.2 EXPLAIN TYPES OF INCOME TAX RETURN? (ASKED BY ZUBAIR)

Answer:-  

ITR FORM

TYPE OF ASSESSEE

TYPE OF INCOME

ITR-1

Individuals

Salary, Rent from One HP and Other Income upto 50Lakhs

ITR-2

Individual or HUF

All incomes except Business or Profession Income

ITR-3

Individual or HUF

All incomes except Presumptive basis income

ITR-4

Individual or HUF or Partnership firm other than LLP

Income on presumptive basis under 44AD,44ADA etc

ITR-5

LLP/AOP/BOI/LA/AJP/ Co-op socities/ Co-op banks/ Partnership firms

All Incomes

ITR-6

Companies

All Incomes

ITR-7

Trust

All Incomes

 

Q.3 How to learn Income tax from Basic to advance? (ASKED BY JITU)

Answer:-  I will suggest take the lectures from any CA faculty along with notes, that too will be available on youtube for free, you have to be patient and attentive for atleast 3hours everyday or so for next 3 months and be in touch with consultants and professionals. We also provide short notes on various incometax topics in easy and crisp language, you can message us also.

 

Q.4  IF I go with new regime of Income tax and want to claim Insurance, PF and Loan etc, is it possible?  (Asked by VIKAS)

Answer:- You cannot avail benefit of deductions under section 80C and other deductions under chapter VI-A under new tax regime except

a) Standard deduction allowed under new regime on House property as well as Salary

b) Interest on housing loan of let out property

c) NPS Contribution 80CCD (2)

 

Q.5 WHAT IS SECTION 17(5) of GST Act? (Asked by Manshi)

Answer:- Section 17(5) talks about blocked credits, ITC of which is not available to taxpayer under GST. (Mainly below ITC are covered)

a)      ITC relating to Motor vehicles etc

b)     Food & Beverages etc

c)      Health and life insurance

d)     Construction activities

e)     Works Contract activities

f)       ITC of Goods lost, free samples etc

There are vide range of goods and services prescribed under section 17(5), ITC of these activities is generally not available to taxpayer, however if taxpayer is in same line of business then only he can claim input tax credit.

Q.6 HSN Code mandatory Limit? (Asked by Bhuvanesh)

Answer:- Below are limits for quoting of HSN/SAC Code

Upto Rs.5 Crore

4 Digit HSN (Optional for B2C)

Above Rs.5 Crore

6 Digit HSN

For Exporters

8 Digit HSN

 

Q.7 Can we cancel or modify E-way Bill or E-invoice within 24Hours? (Asked by FENIL)

Answer:- Yes you can cancel E-way bill or e-invoice within 24Hours but modification is not allowed, however in e-waybill transporter ID can be updated.

Q.8 Can we claim Both ITC and depreciation for capital goods? (Asked by Sudarsan)

Answer:- Yes, you can claim both ITC and depreciation on capital goods. However according to section 16 of CGST Act,2017 if ITC is claimed then depreciation on that ITC portion cannot be claimed and if ITC is not claimed, then depreciation on that ITC portion can also be claimed.

Q.9 Whether No. of GSTINs is registered or not registered can be checked on einvoice portal by bulk? (Asked by RAVI)

Answer:- Yes you can upload a excel file or csv file and portal will give validations for GSTIN as whether they are active or cancelled or not registered.

Q.10 Concept of GTA services under RCM? (Asked by Shiv Shankar)

Answer:- GTA means goods transport agenecy who issues a consignment note where they take responsibility on their own to transport the goods. Therefore local taxis etc who does not issues any consignment notes cannot be termed as GTA and RCM on local taxi freight does not come under RCM.

GTA can charge GST on forward charge basis and GST rate will be 12% GST

If GTA doesnot charges GST on invoice, we have to pay GST under RCM at 5% GST even if freight charges is Re.1/- (Earlier limit of no RCM on upto 750/- or upto 1500/- has been removed)

 

Q.11 Things to keep in mind while exporting goods. (Asked by Dishant)

Answer:-

a.      You should have Valid Import Export Certificate.

b.      Proper Invoice with 8 digit hsn code with mention whether with payment or without payment. (LUT/Bond is required in case of without payment of IGST)

c.      Get copies of shipping bills once goods is exported or copies of Bank realization certificates which will be helpful in getting GST refunds.

d.      Payment should be received within time given as per FEMA guidelines generally 6 months or 9 months, extension application can be applied in case of delay.

e.      Payment should be received in convertible foreign exchange or Indian money (if allowed)

 

Q.12 Why item rates are not showing in 2B after applicability of IMS System? (Asked by SHIDDAT)

Answer:- GSTR-2B is a summary report, however you can access GSTR-2A which can give rate wise details of a particular transaction.

 

Q.13 Difference between Section 148 & 148A of Incometax Act. (Asked by Koushik)

Answer:- Basic difference is that under section 148 a notice is issued for reassessment, however under 148A which is added by finance act 2021, under this AO is required to make inquiry before issuance of SCN u/s 148. Therefore 148A is beneficial for assessee that if assessee received any inquiry u/s 148, he can respond accordingly and can avoid invoking of section 148.

 

Q.14 What is the treatment of remaining assets sold when ceases to exist? (Asked by Bharat)

Answer:-   If there is a situation where partial assets are sold from block at a value more than value of block of assets then it will become short term capital gain and further remaning assets will still be block and will be valued at NIL.  

 

Q.15 Sales made through booking.com who collects commission and deducts TDS u/s 194O whether rcm is required to be paid if billing address of booking.com is outside india? (Asked by Alok)

Answer:- Yes, if any services are procured from any entity outside india, we have to pay RCM on that services.

 

Q.16 How to remember income tax act and gst act and amendments? (Asked by NIYU, DHAIYA & a consultantancy firm)

Answer:- You can keep your updated divide the act into smaller parts, you can buy our short notes summarized in 15-25 pages for each topic then later on read the act, you will get a good remembrance and you can connect with law better. Further select your teacher on youtube and other platform and give 1 or 2 listen them daily and do practice or job in this field which will give you better practical knowledge.

Thursday, 27 February 2025

HOW TO SAVE INCOMETAX ON SHORT TERM CAPITAL GAIN IN INDIA??

SAVE TAX.SAVE MONEY. 

Introduction

Recently we have seen that government has issued various notices and demand order denying the benefit of rebate u/s 87A under income tax act for short term capital gain and therefore taxpayer has to pay 15% tax on STCG in Financial year 2023-24. Further from the year 2024-25 this rate has been increased to 20% along with no benefit of rebate, therefore now taxpayers are in trouble how to save tax on STCG. Here are some tips to save tax:-

Ways to Save Tax

Strategy 1. Take the benefit of basic exemption limit of Rs.3 Lac i.e.. for a individual or HUF wherever possible you have to book STCG in those demat accounts where there is no other income other than STCG, taxpayer has to be intelligent enough to do such a planning. 

Everyone who is trading in share market will have multiple accounts, therefore he has to be brilliant enough to sell securities and book profit in those accounts who does not have any other income to take the benefit of basic exemption limit.

Example

Mr. A  has income of Rs.0 (Normal Income) then tax will be NIL

Mrs.A-1 has 7Lac income, Rs.3 Lac is STCG and Rs.4Lac is normal income then taxpayer has to pay tax @ 15% on 3Lacs =Rs.45,000/-(excluding cess)

However if he do tax planning and take  Rs.4 Lac income out of 7lac in his account and leave behind 3lac in her wife account, then tax payable will be NIL in both the accounts and thereby saving tax by using basic exemption limit


Strategy 2. Suppose Mr. A has earned Rs.10 Lac STCG in F.Y.2024-25 and having no other income and wants to save tax of Rs.1,05,000/- (15% on Rs.7 Lac), then he can do one thing that if there are some securities from his portfolio which are in red zone that traded at below price, he can sell them and book loss and then repurchase them on next day, thereby his portfolio remains same and he needs not to pay tax as loss booked will be setoff against profit made and thereby saving taxes


Thank You Stay Tuned.

Hope you will get some in-depth from this article

FREQUENT QUESTIONS ASKED BY FOLLOWERS (BLOG NO.03)

BLOG NO.03 FREQUENTLY ASKED QUESTIONS BY FOLLOWERS Q.1 WHETHER ITC CAN BE UTILISED WHILE SUPPLYING GOODS OR SERVICES TO SEZ UNIT UNDER WITH ...