Sachha and Sudh Limited is a registered supplier of taxable goods and services at Raipur in the state of Chhattisgarh under regular scheme. Head…

CA Final · Indirect Tax Laws · PYQS · November 2024
Sachha and Sudh Limited is a registered supplier of taxable goods and services at Raipur in the state of Chhattisgarh under regular scheme. Head office of the company is at Raipur whereas its branch office situated at Ludhiana, Punjab. It furnished the following information for various activities or transaction made during the month of April, 2024: S. No. Particulars Amount (₹) OUTWARD TRANSACTIONS (i) Supplied goods to Matadeen and Sons in the State of Rajasthan on the instruction of Dhananjai Associates, a registered person under GST in the State of Chhattisgarh. The contract for such supply was for the delivery of goods at buyer's premises and included a fixed transportation cost of 20,000 irrespective of the actual freight paid. It is indicated separately in the invoice issued in this respect of supply of goods. 8,00,000 (ii) Amount received for sale of the loading tempo, used for transportation of goods, to Mr. Suresh. Loading tempo was purchased at 4,80,000 and its depreciated value at the time of sale was - 2,40,000. No GST credit was taken. Delivery of the loading tempo was given at registered office of the company. 1,80,000 (iii) Provided intra-State supply of sponsorship service to Vidhi Agency, a proprietary concern of Raipur. 50,000 (iv) Received as fine from Vipul, a registered person, for delayed supply of goods. Such payment was made as a compensation for margin loss caused due to price reduction between due date and actual date of supply. There was no express contract in this respect. 50,000 INWARD TRANSACTIONS (i) Intra-State purchase of goods from various registered persons. (Out of this 7,00,000, goods of 1,00,000 was received on 1st May, 2024 due to riots in the area but all the invoices were received by 30th April, 2024.) 7,00,000 (ii) Rent paid to Indian Railway for office premises situated in the State of Chhattisgarh. 40,000 (iii) Representational service from Mr. Vikas Gupta, an advocate of Delhi and unregistered person under GST, towards dealing the GST appeal matters with the Commissioner (Appeal) 1,00,000 Additional information: The company paid - 15,000 towards actual freight to Mr. Shailendra of Chhattisgarh, a truck owner and unregistered person in respect of supply of goods to Matadeen & Sons in the State of Rajasthan. Mr. Shailendra had not issued the consignment note. (i) On 15th April, 2024, the company acquired 1% additional share holding in one of its subsidiary company for a consideration of 10,00,000 (ii) The company made inter-State purchase of goods of 1,00,000 to be used for discharge of corporate social responsibility (CSR) referred to in section 135 of the Companies Act, 2013. Notes: Assume rates of CGST, SGST and IGST are 9%, 9% and 18% for both inward and outward supply of goods and services except transportation service which is chargeable at 2.5%, 2.5% and 5% CGST, SGST and IGST respectively. Both inward and outward supplies given above are exclusive of taxes. All the conditions necessary for availing the ITC have been fulfilled. There was no opening balance of any input tax credit. Compute the minimum net GST payable in cash by Sachha and Sudh Limited for the month of April, 2024 by considering that company wants to pay minimum amount of SGST as far as possible legally. Working notes and correct provision of law for each point should form the part of your answer along with applicable provisions of place of supply under GST law.

Suggested Answer and Working Notes:

Computation of minimum net GST payable in cash by Sachha and Sudh Limited to be paid in cash for the month of April, 2024 S. No. Particulars Amount (₹) CGST (₹) SGST (₹) IGST (₹) Output tax payable under forward charge (i) Supplied goods to Matadeen and Sons [Since the contract is for delivery of goods at buyer's premises and includes transportation cost, it becomes a composite supply; the principal supply being the supply of goods. Thus, GST rate applicable on goods will be charged on the entire value of supply of 8,00,000 (contract price actually paid by buyer). 1 Further, since goods are delivered on Bill to Ship to Model to Matadeen and Sons on the direction of a third person Dhananjai Associates, said third person is deemed to have received the goods and the place of supply is the principal place of business of such person, i.e. Chhattisgarh. Thus, it is an intra-State supply.] 8,00,000 72,000 [8,00,000 x 9%] 72,000 [8,00,000 x 9%] (ii) Sale of used loading tempo to Suresh [Since ITC has not been taken on the tempo and depreciation has been claimed on it under the Income-Tax Act, 1961 2 , value of supply is consideration received less depreciated value on the date of supply of tempo. However, since value of supply is negative [₹ 1,80,000 -2,40,000], it is to be ignored.] Nil (iii) Intra-State supply of sponsorship service [Tax is payable under forward charge since recipient of said services is a proprietary concern. Tax is not payable under reverse charge since recipient of said services is a not a partnership firm or body corporate.] 50,000 4,500 [50,000 x 9%] 4,500 [50,000 x 9%] (iv) Fine for delayed supply of goods [There was no express contract. Fine received from Vipul, being liquidated damages is merely a payment to compensate the loss caused due to delayed supply of goods and is not a consideration for supply.] - Total output tax 76,500 76,500 Less: ITC available for set off [Refer note below.] [IGST credit is utilized for payment of SGST only in order to minimize the SGST liability. CGST and SGST credit are utilized for payment of CGST and SGST liability respectively.] (57,600)- CGST (18,000)- IGST (57,600)- SGST Net output tax payable in cash 18,900 900 GST payable in cash under reverse charge Add: Tax on services received from the advocate - Vikas Gupta is payable under reverse charge by the recipient of service. 18,000 Minimum net GST payable 18,900 900 18,000 Working note - Computation of eligible ITC available for set off S. No. Particulars Amount (₹) CGST (₹) SGST (₹) IGST (₹) (i) Intra-State purchase of goods [ITC on goods - 1,00,000 not received in April cannot be availed.] 6,00,000 [7,00,000 - 1,00,000] 54,000 [6,00,000 × 9%] 54,000 [6,00,000 × 9%] (ii) Freight paid to truck owner [No ITC is available since GST on service of transportation of goods by road received from a person other than a GTA is exempt.] 15,000 - - (iii) Rent paid to Indian Railway [It is an intra-State supply since the place of supply is location of immovable property, i.e. Chhattisgarh and supplier Indian Railways is in Chhattisgarh. Tax is payable under forward charge. Further, ITC on services used in course or furtherance of business is allowed.] 40,000 3,600 [40,000 × 9%] 3,600 [40,000 × 9%] (iv) Representational services received from Vikas Gupta [Services received by a business entity 3 from advocates are not exempt. It is an inter-State supply since the supplier is in Delhi and place of supply is location of recipient, i.e. Chhattisgarh. Further, ITC on services used in course or furtherance of business is available.] 1,00,000 18,000 [1,00,000 × 18%] (v) Additional share holding acquired in subsidiary [It is neither supply of goods nor supply of services, which is covered under Schedule III. ITC cannot be claimed since no GST is payable on the same.] (vi) Inter-State purchase of goods to be used for corporate social responsibility [ITC on goods to be used for discharge of corporate social responsibility is blocked under section 17(5)] Total ITC available 57,600 57,600 18,000 1 It has been logically assumed that the transportation cost of 20,000 is included in the total contract value of 8,00,000. 2 It has been assumed that depreciation has been claimed under the Income-Tax Act, 1961 and depreciation given in question is depreciation claimed as per the Income-tax Act, 1961. 3 It has been assumed that the aggregate turnover of Sachha and Sudh Limited exceeded such amount in the preceding FY as makes it eligible for exemption from registration under the CGST Act, 2017.

Topics: Input Tax Credit

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