Page 21 - Chap24Computation of GST
P. 21

Less: ITC [Note 10]
         IGST = 0                                                                    -           -            -

         CGST = 1,17,000                                                          (18,900)    (98,100)        x
         SGST = 1,17,000                                                          (18,900)        x       (98,100)
         Net output GST payable in cash                                [A]        2,32,200      Nil          Nil
         GST payable under Reverse Charge

         Tax on rent paid to State Government of Kerala by            6,00,000       -        54,000       54,000
         Sudharshan Ltd.  (a registered person) is payable under
         reverse charge

         Tax on services provided by the arbitral tribunal is payable  7,00,000      -        63,000       63,000
         under reverse charge by the recipient of service.
         GST payable in cash under reverse charge [Note 11]  [B]                      -       1,17,000    1,17,000
         Minimum net GST payable in cash                  [A] + [B]               2,32,200    1,17,000    1,17,000


         Notes:

           1    As per Sec 16(1) of the CGST Act 2017, ITC on rent paid is available as the said service is used in the
                course or furtherance of business
           2    Ü Tax on renting of motor car services wherein cost of fuel is included in consideration provided

                   by a non- body corporate to a body corporate and invoice is issued charging CGST/SGST @
                   2.5% is payable under reverse charge.
                Ü  Time  of  supply  of  such  services  is  1st  February  being  earlier  of  date  of  payment,  or  date
                   immediately following 60 days since issue of invoice by the supplier. Since the time of supply of

                   renting of motor car services in the given case does not fall in January, tax liability on the same
                   does not arise in said month.
                Ü  Further,  ITC  on  renting  of  motor  car  services  received  is  blocked  since  Sudarshan  Ltd.
                   (recipient) is not in the same line of business.

           3    Ü Services provided by an arbitral tribunal to a business entity with an aggregate turnover up to
                   threshold limit of registration in the previous financial year are exempt from GST.
                Ü Thus, services provided by the arbitral tribunal to Sudarshan Ltd., a business entity whose
                   aggregate turnover in the previous financial year exceeds the applicable threshold limit for

                   registration [viz. ₹ 20 lakh, being a supplier of goods and services in the State of Kerala] shall
                   be liable to tax.
                Ü Further, being services used in the course of furtherance of business, ITC shall be available
                   thereon.

           4    An e-invoice without IRN is not treated as invoice and hence, without a valid document, ITC
                cannot be claimed on such inputs.
           5    As per sec 17(5) of CGST Act 2017, Motor vehicle used for transportation of goods is eligible for
                credit. However, since depreciation has been claimed on applicable taxes as well, ITC of tax paid on
                purchase of such truck cannot be claimed.

           6    As per Schedule I, it is not a supply because free gifts have been distributed to an unrelated person
                (customers are not related persons) and ITC has also not been availed on the same.







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