Pradeep Jain - Chartered Accountant

Dear Jain sir, Hats off to your invaluable support to people who are being mislead by many so called consultants. Sir, I have recently started a small car garage in Allahabad, U.P., providing repair service, body and paint job repairs, washing and many other jobs related to a small car workshop. I had voluntarily migrated from TIN to GSTN. 1--Am I eligible to apply for Composition scheme? As I provide repair service apart from providing spare parts & lubricants. 2--Should I go for Composition scheme? Will it be beneficial for me? 3--If yes. How to invoice a customer to whom I am selling parts, lubricants as well as providing repair service also? 4--Should I opt for cancelling my GST registration? I hope you will take some of your precious time to answer my queries.

A taxpayer whose turnover is below Rs 75 lakhs can opt in for Composition Scheme. In case of North-Eastern states and Himachal Pradesh, the limit is Rs 50 lakhs. However, businesses dealing only in goods can only opt for composition scheme. Services providers except those supplying food and beverages have been kept outside the scope of this scheme. Hence, you cannot opt for composition scheme. Tax invoice will be issued as per GST regime. The person who has migrated from VAT or Central excise or service tax can cancel his registration if he is not liable to pay tax under GST regime. However, no online utility for cancelling the registration is available on GSTN as of now.

Sir, we are a taxpayer dealing in health care services. We have been making supply on which tax was payable by us but we have not paid the same erroneously. The same has been pointed out by department recently. Please suggest whether we have to pay interest and penalty along with tax.

As per sub-section (5) and (6) of Section 73 of CGST Act, if you have made payment of tax and informed the same to the department then the department ...
Sir We are dealing in trucks. We have received an export order from foreign buyer. We wish to procure trucks from 5 different manufacturers and supply them directly to the port without receiving on our own premises. Can we do the same to take benefit of merchant export by paying tax @ 0.1%.

. Yes, as per Notification 41/2017-intergrated tax (Rate) dated October 23, 2017, benefit of notification is available only when the material moves fr ...
The agriculture produce like soyabean are taxable however, their warehousing is exempt and not chargeable to tax. How?

Under GST regime, agriculture produce means “any produce out of cultivation of plants and rearing of all life forms of animals except rearing of hor ...
Hello sir we have made export of goods however the funds have not been realized. Is there any implication in GST regarding the same?

As per rule 96B introduced with effect from 23-3-2020 provides that where any refund of IGST paid on export of goods has been received by the exporter ...
What Is the GST rate for interest and penal charges levied by Chit Fund Company in case GST on foremen commission charged is @12%?

GST rate on foremen commission is charged at the rate of 12%. Similarly, GST rate on interest and penal charges shall be @12% only. The same view was ...
Tax payer being a company, is in one state (state -1). However vehicle carrying his goods is caught in another state (state-2) where the company is not having any registration. Company paid penalty under temporary registration ID created by the officer of state-2. Now, company wants to file an appeal but don’t have any temporary registration login credentials. How to file appeal in such a case?

. In the given query, after the interception a temporary ID was created by officer of state-2. However, the login ID and password of temporary registr ...
Whether GST exemption is availed on export of service when invoice is issued in USD and GST is not charged and currency is received in INR?

Export of service is defined under section 2(6) of the IGST Act. It means supply of service when: ? The supplier of service is located in India. ...
E-way bill was generated and then after order was cancelled but E-way bill was not cancelled by both the parties on the portal. What should be done in this case and what are the consequences?

As per provisions of GST, where an e-way bill has been generated but goods are either not transported or are not transported as per the details f ...
The Taxpayer made exempted supplies but forgot to choose the same in GSTN while registering, can he be said to fail his right of exemption?

We do not claim exemption while filing registration application. It is being claimed in GSTR-3B returns. Moreover, only five major products are to ...
If a taxpayer made mistake declaring the HSN/SAC of goods and services supplied, what are the consequences?

Under GST law, one of the most important elements is the classification of goods/services for the purpose of determination of rate of tax to be l ...

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