TMI BlogLATEST 50 SOLUTIONS TO TAXPAYERS PROBLEMS (SHORT FAQ) dated 20-07-2017X X X X Extracts X X X X X X X X Extracts X X X X ..... ts are located? Ans. No, a franchisor company need not take registration in a State where only its franchisee is located. Q. 6. If I'm starting a new business today, do I still need to get TIN and then apply for GST? Or can I directly register with GST? Ans. You may directly take GST registration on www.gst.gov.in Q. 7. A firm dealing exclusively in exempted products has GST registration. Does it need to file return? Ans. If registered, then you need to file returns. You may choose to cancel your registration since you are dealing only in exempted products. Q. 8. My all outward supplies are export services. In such case is it compulsory to register under GST? Ans. Yes. Since exports are zero-rated, one needs to register under GST to claim refunds. Q. 9. Can a person operating two different companies with different names but with same PAN get two GST registrations? Ans. One PAN holder gets one registration in every State, but he has the option of getting different registrations for different business verticals. Q. 10. Is a job-worker required to register? Whether composition scheme is available to a job-worker? Ans ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. In your new registration application, if you have referred to your past registration no. of Central Excise or Service Tax, you will be eligible for transitional credit under Section 140 of CGST Act, 2017 read with Rule 117 of CGST Rules, 2017. Q. 18. I have migrated and received provisional ID but not GSTIN, how do I supply goods or services or both? Ans. Provisional ID (PID) will be your GSTIN. You can supply goods or services or both specifying PID as your GSTIN on Invoice. Q. 19. I have not received ARN or have received ARN but not GSTIN, how do I supply goods or services or both? Ans. You can supply goods or services or both on bill of supply without mentioning GSTIN and/or ARN. On receipt of GSTIN, you will need to issue revised invoice mentioning GSTIN. You are required to reflect this supply in your return and also pay tax thereon. Q. 20. I am a supplier of exempted goods based out of Delhi and procure raw material from Kerala. My supplier from Kerala insists that I have to be registered in Delhi for procurement of Inter-State goods. Is he right? Ans. No, if you are dealing in 100% exempted supplies, you are not liable to be registere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2017 prescribes the particulars that a tax invoice should contain. Q. 30. Whether from 1st July sequence of invoice no. will change? Or can we follow the same sequence? Ans. Same sequence can be followed provided conditions laid down in Section 31 of the CGST Act, 2017 read with Rule 46 of CGST Rules, 2017 are met. Q. 31. Whether existing UT-1, Bond will suffice? Whether existing ARE-1 form will exist? Ans. Circular No. 4/4/2017-GST, dated 7-7-2017 has clarified that the existing Bonds/LUTs shall be valid till 31-7-2017 after which the Bonds/LUTs shall have to be executed in the newly prescribed formats. New formats of bond and LUT have been prescribed under Rule 96A of CGST Rules, 2017. ARE-1 procedure is being dispensed with, except with reference to commodities which continue to attract Central Excise duty. Q. 32. Can we get ITC for capital expenditures like vehicles, solar panels, etc. for company use? Ans. ITC on capital goods is generally available if they are used in the course or furtherance of business. However, credit is not available on cars, unless you are in the business of imparting driving training, or supplying such cars. A li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one under GST? Ans. If in every instance you are making a supply then an invoice needs to be issued. For any other movement of goods other than supply (as specified in Rule 55 of CGST Rules, 2017), a delivery challan may be issued. Q. 42. Will service charge, as charged by some restaurants, be treated as consideration for a supply and hence considered liable for tax? Ans. There is no distinction between goods or services under GST. Service charge like any other consideration for supply will be leviable to GST. It is also clarified that service charge is not a statutory levy. It is not levied by the Government. Q. 43. What to do with stock lying with me on 1-7-2017? Do I need to charge GST? Ans. Yes, you need to charge GST on supplies of such stock, but you can use transition credit, if available on the said goods. Q. 44. I am a small manufacturer who supplies cycle parts to two manufacturing units in the same area. For every supply, I generate an invoice and take ₹ 500 flat for cartage and loading charges. What tax rate is to be charged on the cartage and loading expenses? Ans. This is a composite supply where the principal supply (t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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