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Query Posted : 30158
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  • Treatment of Bills not considered at the time of filing form 3B and GSTR-1
    by Sunil Rastogi on Tuesday, February 20, 2018  at 05:20 PM

    Sir, Our client inadvertently forget to take some bills at the time of filing form 3B and form GSTR-1 for Q.E. September,2017.What remedy are available to resolve this issue because there is no table in GSTR-1 to mention the missing bills of earlier tax period.

  • Service Tax on Commission
    by Mrudul on Tuesday, February 20, 2018  at 04:15 PM

    XYZ (India) purchasing goods on high seas & sale the same in Indian market. Supplier is giving XYZ commission in foreign currency. Is XYZ liable to pay service tax on it?

  • Time limit for claiming transitional credit
    by H S MANOHARAN on Saturday, February 17, 2018  at 07:18 PM

    A central government department manufacturing Tank supplied only to army. Our product become excisable from 01.06.2015 vide Notification No.23/2015-C.E. We availed the transitional credit on the stock held as on 01.06.2015. Recently the department came for audit, and said that the transitional credit can be availed for the invoice within one year before the appointed date. Is this true sir? Can't we avail based on stock held in hand even for the invoice before 5 years?kindly help sir.

  • Time limit for claiming transitional credit
    by H S MANOHARAN on Saturday, February 17, 2018  at 07:18 PM

    A central government department manufacturing Tank supplied only to army. Our product become excisable from 01.06.2015 vide Notification No.23/2015-C.E. We availed the transitional credit on the stock held as on 01.06.2015. Recently the department came for audit, and said that the transitional credit can be availed for the invoice within one year before the appointed date. Is this true sir? Can't we avail based on stock held in hand even for the invoice before 5 years?kindly help sir.

  • Commission to Directors
    by Mrudul on Thursday, February 15, 2018  at 10:39 AM

    A director is on the pay roll of the company and there is employer - employee relation. Over and avove the salary, the company is also paying commission to these directors. EA-2000 audit is demanding service tax on this commission paid under reverse charge from the company. Any defence possible?

  • Road construction / repairs
    by Mrudul on Wednesday, February 14, 2018  at 12:22 PM

    XYZ(Manufacturer) availed credit on service tax charged by the contractor for construction of road and repair of road within factory premises. EA-2000 audit team objected the same. Any case laws to defend sir?

  • Spares for machinery
    by Mrudul on Monday, February 12, 2018  at 07:34 PM

    XYZ availed CENVAT credit on spares parts of machine. EA-2000 audit had objected on the ground that the spares parts are not falling under the specified chapter 82,84,85 etc. as per CENVAT Credit Rules. How to defend sir? Any case laws?

  • GST on resale of office in mumbai by GSt registered finance company before OC
    by Dharmnath Avhad on Sunday, February 11, 2018  at 11:28 AM

    Sir I am registered under GST. I prchased office in mumbai from builder before O.C and paid serice tax and VAT. Now I resold this office before OC . In the circumstances a. am I liable to pay GST on this resale of office. b. If i have to pay, then shall I claim ITC of Vat and service tax

  • GST on resale of office in mumbai by GSt registered finance company before OC
    by Dharmnath Avhad on Sunday, February 11, 2018  at 11:28 AM

    Sir I am registered under GST. I prchased office in mumbai from builder before O.C and paid serice tax and VAT. Now I resold this office before OC . In the circumstances a. am I liable to pay GST on this resale of office. b. If i have to pay, then shall I claim ITC of Vat and service tax

  • Excise Audit
    by Ashok on Friday, February 09, 2018  at 04:35 PM

    Sir, Is there any time limit to conduct Excise Audit? After how many years, the Excise Department Cannot conduct the Excise Audit? Please provide me the Act / Rules under which it has been mentioned? Advice me Regards.

  • ITC on Cars & Two Wheeler under GST
    by Ashok on Friday, February 09, 2018  at 01:13 PM

    Sir, Company has purchased a Car & a Two Wheeler vehicles. Kindly advice 1) Can the Company avail the GST paid on purchases made as ITC? 2) Also advice me, whether Company can avail the GST paid on repairs on such vehicles as ITC? Advice me.

  • Excise Audit...
    by Ashok on Friday, February 09, 2018  at 12:41 PM

    Sir, AG audit was completed from 2011-2014 of a Company. Now Excise Audit Department would like to conduct again the Excise audit for the period November,2011 to March,2014. I would like to know, Can the Department Audit once again? If not, please provide me the section under which I can object them from doing so. Kindly advice.

  • Applicability rate of GST
    by Ashok on Thursday, February 08, 2018  at 05:19 PM

    Sir, A Composite Supply of Work Tender has been called by a State Government. In which it is stated that 25% of the Project cost is funded by the Private Organisation / Association. I would like to know, how much % of GST is payable on the Composite Work? whether it will attract 18% or 12% GST? Kindly advice. Regards.

  • ISD
    by Mrudul on Thursday, February 08, 2018  at 01:46 PM

    XYZ(Manufacturer) having factory at Navi Mumbai, Head office at Mumbai and Depot at Bhiwandi. services received at depot and Head office at Mumbai, bills in name of depot and head office but service tax credit is directly taken at factory without following ISD procedure. Neither depot nor head office has taken ISD Registration. depot is not registered under Excise since ultimate customer is not in need of CENVAT credit. During audit this is objected and credit denied. Any defence possible

  • ISD
    by Ashok on Thursday, February 08, 2018  at 11:32 AM

    Company is having four branch factories in different states & having head office in Mumbai. It is being said to take a registration as ISD at Head Office as the Company avails various services, which are sometimes are common, sometimes for a particular factory, hence Would like to know, 1) Under which all circumstances, company is required to take ISD registration? 2) Is it compulsory? Kindly advice.

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