Page 30 - Chapter 2.cdr
P. 30

3    Free  gifts  to  customers  [Cannot  be          Nil    Nil    Nil      Notes:
                   considered    as supply under section 7                                 (1) The above answer is based on the assumption that either the event management
     CH 2          read with Schedule I of the CGST Act as                                 services are provided to brother for his son's marriage and brother is not wholly
                   the  gifts  are  given    to  unrelated
                                                                                           dependent on Mrs. Kajal or such services are provided directly to brother's son for his
         Charge of Tax & Concept of Supply
                   customers without consideration]
                                                                                           marriage. However, it is also possible to assume that the services are provided to
             4     Event management services provided free         Nil    Nil     Nil
                   of cost for brother's son marriage [Cannot                              brother for his son's marriage and brother is wholly dependent on Mrs. Kajal.
                   be considered as supply under section 7                                 (2) As per section 2(30) of the CGST Act, 2017 , composite supply means a supply
                   read with Schedule I of the CGST Act as                                 made by a taxable person to a recipient consisting of two or more taxable supplies.
                   the service is provided to unrelated person
                                                                                                         Since in point (v),  service of hiring out of chairs & coolers is taxable
                   without consideration.]
                                                                                           while transportation service is exempt (being provided by a person other than a GTA),
             5     Chairs and coolers hired out to Function 3,30,000 19,800 19,800
                                                                                           it is possible to take a view that this is not a case of composite supply. In that case,
                   Garden [Since Mrs. Kajal is not a GTA,
                   transportation services provided by her are                             the two services will be treated as independent services and taxed accordingly.
                   exempt [Notification                                                     Assumption:-
                   No.12/2017  CT(R)  dated  28.06.2017]
                                                                                           1. It has been assumed that interest on delayed payment received has been collected
                   However,  since  chairs  and  coolers  are
                                                                                           in the month of January, 2019 itself and is inclusive of GST.
                   hired out along with their transportation,
                   it is a case of composite supply wherein                                2. It has been most logically assumed that Mrs. Kajal has not charged, from Function
                   the principal supply is hiring out of chairs                            Garden, any mark-up on the cost of transportation paid by her to the unregistered
                   and  coolers.  Also,  it's  an  intra-State
                                                                                           GTA.
                   supply.
                                                                                           3. It has been assumed that the unregistered GTA from whom the GTA services
                   Accordingly,  transportation  service  will
                                                                                           have been availed is located in the State of Rajasthan.
                   also be taxed at the rate applicable for
                   renting of chairs and coolers, viz. CGST                                Author's Note:- The above answer is given as per ICAI Suggested Answer, but
                   and SGST @ 6%each.]                                                     as per authors point of view interest calculation assumption taken by ICAI is not

             6                                            30,000    750    750             correct
                   Transportation of chairs and coolers by
                                                          (`2 x
                   GTA  [GST  on  GTA  services  availed  is
                                                          1,500)
                   payable under reverse charge mechanism
                   since GST is payable @ 5%2. Being an
                   intra-State supply, CGST and SST will be
                   chargeable @ 2.5% each3.]

                   Total GST Liability                            91,250 91,250 9,900




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        38    CA VISHAL BHATTAD          09850850800                                                                                           V’Smart Academy
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