Taxation - Income TaxQuestion 5642 of 146
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9. Purchase of confectionery items which are to be used to supply free of cost to customers in a customer meet organised by DEF Pvt. Ltd. 1,00,000 Opening balance of Input Tax credit at the beginning of Jan 2024. CGST ` 25,000 SGST ` 25,000 IGST ` 30,000 Additional Information: (1) Rates of CGST, SGST and IGST are 9%, 9% and 18% respectively unless otherwise mentioned. (2) Both inward and outward supplies are exclusive of taxes, wherever applicable. (3) All the conditions necessary for availing the ITC have been fulfilled. From the information given above, compute the output tax liability and input tax credit available to DEF Pvt. Ltd., for the month of January, 2024. Make suitable assumptions wherever required. (10 Marks)

Options

A(i) Computation of output tax liability of DEF Pvt. Ltd. for January, 2024 Particulars Value (`) CGST @ 9% (`) SGST @ 9% (`) IGST @ 18% (`) Output tax payable Intra-State supply of taxable goods 1 5,00,000 45,000 45,000 Consideration for non- performance of contract [Being ‘liquidated damages’, they are not the consideration for tolerating the non- performance of the contract. Hence, not a supply] 2,00,000 - - 1 Intra-State supply of taxable goods has been logically considered as outward supply in the above solution. Service of booking of flight tickets2 [Taxable since service of booking of air tickets is being provided here. Only the service of transportation of passengers in economy class embarking from Bagdogra is exempt. Further, the place of supply of services made to a registered person is the location of such person, viz. Delhi in given case. Thus, same is inter- State supply.] 20,000 3,600 Selling of Pune unit as going concern to H Ltd. [Services by way of transfer of a going concern is exempt.] 10,00,000 - - - Service in relation to business exhibition in Dubai [Services by an organiser to any person in respect of a business exhibition held outside India is exempt.] 5,00,000 - - -- 2 It has been assumed that entire ` 20,000 represents the service fee/convenience fee charged by DEF Pvt. Ltd. TAXATION Inter-State supply of service3 10,00,000 - - 1,80,000 Total output tax liability 45,000 45,000 1,83,600 (ii) Computation of input tax credit available to DEF Pvt. Ltd. for January, 2024 Particulars Value (`) CGST @ 9% (`) SGST @ 9% (`) IGST @ 18% (`) Opening balance 25,000 25,000 30,000 Issue of debit note for post delivery service [ITC on debit notes issued in a financial year can be availed any time till 30th November of the succeeding financial year or the date of filing of the relevant annual return, whichever is earlier, irrespective of the date of original invoice/ supply. Further, place of supply being Pune in given case, same is inter-State supply.] 25,000 4,500 Receipt of intra-State services [ITC on services used in the course or furtherance of business is allowed.] 6,00,000 54,000 54,000 3 Inter-State supply of service has been logically considered as outward supply in the above solution. Purchase of confectionery items [ITC on food or beverages is specifically disallowed unless the same is used for making outward taxable supply of the same category or as an element of the taxable composite or mixed supply.] 1,00,000 - - -- Total 79,000 79,000 34,500 Note: In the above solution, the words, “DEL Pvt. Ltd.” be read as “DEF Pvt. Ltd.” in Sr. no. 6 of the Question.
BComputation of GST payable by the ABC Infra for February, 2024 Particulars CGST @ 9% (`) SGST @ 9% (`) (i) Consideration for agreeing to install effluent plant [Taxable since it is a supply of service of agreeing to the obligation to do an act.] 49,500 49,500 (ii) Distribution of 500 passes of cricket match [Exempt since consideration for services by way of right to admission to unrecognised sporting event is not more than ` 500 per person4] - - (iii) Booking air tickets in economy class5 10,800 10,800 4 Consideration charged is ` 485 per person (` 2,42,500/500). 5 It has been assumed that entire ` 1,20,000 represents the service fee/convenience fee charged by ABC Infra. TAXATION [Taxable since service of booking of air tickets is being provided here. Only the service of transportation of passengers in economy class terminating in Manipur is exempt.] (iv) Service of construction of buildings provided to State Government [Taxable since value of supply of goods constitutes more than 25% of the value of the composite supply of goods and services.] 73,800 73,800 Total GST payable by ABC Infra 1,34,100 1,34,100 Note: In the given question, it has been assumed that the amounts given in the question are exclusive of GST. It is also possible to assume the given amounts as inclusive of GST and answer shall change accordingly.
C
D
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Correct Answer

Option A(i) Computation of output tax liability of DEF Pvt. Ltd. for January, 2024 Particulars Value (`) CGST @ 9% (`) SGST @ 9% (`) IGST @ 18% (`) Output tax payable Intra-State supply of taxable goods 1 5,00,000 45,000 45,000 Consideration for non- performance of contract [Being ‘liquidated damages’, they are not the consideration for tolerating the non- performance of the contract. Hence, not a supply] 2,00,000 - - 1 Intra-State supply of taxable goods has been logically considered as outward supply in the above solution. Service of booking of flight tickets2 [Taxable since service of booking of air tickets is being provided here. Only the service of transportation of passengers in economy class embarking from Bagdogra is exempt. Further, the place of supply of services made to a registered person is the location of such person, viz. Delhi in given case. Thus, same is inter- State supply.] 20,000 3,600 Selling of Pune unit as going concern to H Ltd. [Services by way of transfer of a going concern is exempt.] 10,00,000 - - - Service in relation to business exhibition in Dubai [Services by an organiser to any person in respect of a business exhibition held outside India is exempt.] 5,00,000 - - -- 2 It has been assumed that entire ` 20,000 represents the service fee/convenience fee charged by DEF Pvt. Ltd. TAXATION Inter-State supply of service3 10,00,000 - - 1,80,000 Total output tax liability 45,000 45,000 1,83,600 (ii) Computation of input tax credit available to DEF Pvt. Ltd. for January, 2024 Particulars Value (`) CGST @ 9% (`) SGST @ 9% (`) IGST @ 18% (`) Opening balance 25,000 25,000 30,000 Issue of debit note for post delivery service [ITC on debit notes issued in a financial year can be availed any time till 30th November of the succeeding financial year or the date of filing of the relevant annual return, whichever is earlier, irrespective of the date of original invoice/ supply. Further, place of supply being Pune in given case, same is inter-State supply.] 25,000 4,500 Receipt of intra-State services [ITC on services used in the course or furtherance of business is allowed.] 6,00,000 54,000 54,000 3 Inter-State supply of service has been logically considered as outward supply in the above solution. Purchase of confectionery items [ITC on food or beverages is specifically disallowed unless the same is used for making outward taxable supply of the same category or as an element of the taxable composite or mixed supply.] 1,00,000 - - -- Total 79,000 79,000 34,500 Note: In the above solution, the words, “DEL Pvt. Ltd.” be read as “DEF Pvt. Ltd.” in Sr. no. 6 of the Question.

All Options:

  • A(i) Computation of output tax liability of DEF Pvt. Ltd. for January, 2024 Particulars Value (`) CGST @ 9% (`) SGST @ 9% (`) IGST @ 18% (`) Output tax payable Intra-State supply of taxable goods 1 5,00,000 45,000 45,000 Consideration for non- performance of contract [Being ‘liquidated damages’, they are not the consideration for tolerating the non- performance of the contract. Hence, not a supply] 2,00,000 - - 1 Intra-State supply of taxable goods has been logically considered as outward supply in the above solution. Service of booking of flight tickets2 [Taxable since service of booking of air tickets is being provided here. Only the service of transportation of passengers in economy class embarking from Bagdogra is exempt. Further, the place of supply of services made to a registered person is the location of such person, viz. Delhi in given case. Thus, same is inter- State supply.] 20,000 3,600 Selling of Pune unit as going concern to H Ltd. [Services by way of transfer of a going concern is exempt.] 10,00,000 - - - Service in relation to business exhibition in Dubai [Services by an organiser to any person in respect of a business exhibition held outside India is exempt.] 5,00,000 - - -- 2 It has been assumed that entire ` 20,000 represents the service fee/convenience fee charged by DEF Pvt. Ltd. TAXATION Inter-State supply of service3 10,00,000 - - 1,80,000 Total output tax liability 45,000 45,000 1,83,600 (ii) Computation of input tax credit available to DEF Pvt. Ltd. for January, 2024 Particulars Value (`) CGST @ 9% (`) SGST @ 9% (`) IGST @ 18% (`) Opening balance 25,000 25,000 30,000 Issue of debit note for post delivery service [ITC on debit notes issued in a financial year can be availed any time till 30th November of the succeeding financial year or the date of filing of the relevant annual return, whichever is earlier, irrespective of the date of original invoice/ supply. Further, place of supply being Pune in given case, same is inter-State supply.] 25,000 4,500 Receipt of intra-State services [ITC on services used in the course or furtherance of business is allowed.] 6,00,000 54,000 54,000 3 Inter-State supply of service has been logically considered as outward supply in the above solution. Purchase of confectionery items [ITC on food or beverages is specifically disallowed unless the same is used for making outward taxable supply of the same category or as an element of the taxable composite or mixed supply.] 1,00,000 - - -- Total 79,000 79,000 34,500 Note: In the above solution, the words, “DEL Pvt. Ltd.” be read as “DEF Pvt. Ltd.” in Sr. no. 6 of the Question.
  • BComputation of GST payable by the ABC Infra for February, 2024 Particulars CGST @ 9% (`) SGST @ 9% (`) (i) Consideration for agreeing to install effluent plant [Taxable since it is a supply of service of agreeing to the obligation to do an act.] 49,500 49,500 (ii) Distribution of 500 passes of cricket match [Exempt since consideration for services by way of right to admission to unrecognised sporting event is not more than ` 500 per person4] - - (iii) Booking air tickets in economy class5 10,800 10,800 4 Consideration charged is ` 485 per person (` 2,42,500/500). 5 It has been assumed that entire ` 1,20,000 represents the service fee/convenience fee charged by ABC Infra. TAXATION [Taxable since service of booking of air tickets is being provided here. Only the service of transportation of passengers in economy class terminating in Manipur is exempt.] (iv) Service of construction of buildings provided to State Government [Taxable since value of supply of goods constitutes more than 25% of the value of the composite supply of goods and services.] 73,800 73,800 Total GST payable by ABC Infra 1,34,100 1,34,100 Note: In the given question, it has been assumed that the amounts given in the question are exclusive of GST. It is also possible to assume the given amounts as inclusive of GST and answer shall change accordingly.
  • C
  • D

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Detailed Solution & Explanation

Correct Answer: Option **A** Explanation: ### **Part A: Output Tax and ITC of DEF Pvt. Ltd. (Question 5(a))**

**1. Computation of Output Tax Liability (January 2024):**
- **Intra-State supply of taxable goods:** ₹ 5,00,000 \displaystyle \rightarrow CGST @ 9% = ₹ 45,000, SGST @ 9% = ₹ 45,000.
- **Liquidated damages for non-performance:** ₹ 2,00,000 \displaystyle \rightarrow Not a supply, hence Nil GST.
- **Service of booking flight tickets (economy) from Bagdogra to Pune (inter-state to Delhi registered person):** ₹ 20,000 \displaystyle \rightarrow IGST @ 18% = ₹ 3,600 (convenience fee is taxable; exemption is only for passenger transport service itself).
- **Transfer of going concern:** ₹ 10,00,000 \displaystyle \rightarrow Exempt supply, hence Nil GST.
- **Exhibition services in Dubai:** ₹ 5,00,000 \displaystyle \rightarrow Exempt supply, hence Nil GST.
- **Inter-State supply of services:** ₹ 10,00,000 \displaystyle \rightarrow IGST @ 18% = ₹ 1,80,000.
- **Total Output Tax:** CGST = ₹ 45,000, SGST = ₹ 45,000, IGST = ₹ 1,83,600.

**2. Computation of Input Tax Credit Available:**
- **Opening ITC Balance:** CGST = ₹ 25,000, SGST = ₹ 25,000, IGST = ₹ 30,000.
- **Debit Note issued on 15.01.2024 for post-delivery services:** ₹ 25,000 (inter-state from Gujarat) \displaystyle \rightarrow IGST @ 18% = ₹ 4,500 (eligible for ITC as the time limit has not expired).
- **Receipt of intra-State services:** ₹ 6,00,000 \displaystyle \rightarrow CGST @ 9% = ₹ 54,000, SGST @ 9% = ₹ 54,000.
- **Confectionery items for customer meet:** ₹ 1,00,000 \displaystyle \rightarrow ITC blocked u/s 17(5)(b)(i), hence Nil.
- **Total ITC Available:** CGST = ₹ 79,000, SGST = ₹ 79,000, IGST = ₹ 34,500.

### **Part B: Computation of GST Payable by ABC Infra (Question 5(b))**

- **Effluent plant installation:** ₹ 5,50,000 \displaystyle \rightarrow CGST @ 9% = ₹ 49,500, SGST @ 9% = ₹ 49,500 (Taxable as agreeing to do an act).
- **Distribution of 500 passes for cricket match:** ₹ 2,42,500 \displaystyle \rightarrow Nil GST (exempt since admission charge per person is ₹ 485, which is \displaystyle \le ₹ 500).
- **Booking air tickets (economy class) Mumbai to Manipur:** ₹ 1,20,000 \displaystyle \rightarrow CGST @ 9% = ₹ 10,800, SGST @ 9% = ₹ 10,800 (taxable since convenience fee/agency services are not exempt).
- **Construction of building for State Government:** ₹ 8,20,000 \displaystyle \rightarrow CGST @ 9% = ₹ 73,800, SGST @ 9% = ₹ 73,800 (Taxable since goods value ₹ 2,79,375 is 34.07% of the total value, which exceeds the 25% exemption limit).
- **Total GST Payable by ABC Infra:** CGST = ₹ 1,34,100, SGST = ₹ 1,34,100.

Hence, **Option A** is the correct answer.

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