Taxation - GSTQuestion 5835 of 7
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Under Section 16(2) of the CGST Act, 2017, which of the following is an essential condition for a registered person to avail Input Tax Credit (ITC)?

Options

AHe is in possession of a tax invoice or debit note issued by a supplier.
BHe has received the goods or services or both.
CThe tax charged has been actually paid to the Government and the return under Section 39 has been furnished.
DAll of the above.
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Correct Answer

✅ Option D — All of the above.

All Options:

  • AHe is in possession of a tax invoice or debit note issued by a supplier.
  • BHe has received the goods or services or both.
  • CThe tax charged has been actually paid to the Government and the return under Section 39 has been furnished.
  • DAll of the above. ✓

Detailed Solution & Explanation

Correct Answer: Option **D** Explanation: Section 16(2) of the CGST Act stipulates four mandatory cumulative conditions: 1. Possession of a valid tax invoice or debit note. 2. Details of invoice communicated in GSTR-2B. 3. Actual receipt of goods and/or services. 4. Payment of tax to the Government by supplier and filing of return under Section 39.

More Questions from Taxation - GST

What is the threshold limit of aggregate turnover for a supplier engaged exclusively in supply of goods to register under GST in normal category states?

Question 5 (a) MLM Private Limited, a registered person in Udaipur, Rajasthan engaged in various lines of business, provided the following details regarding the transactions undertook in the month of March, 2024: Outward Transactions Amount (`) Advance received from Mr. Gokul for Business support services to be supplied in the month of April, 2024. 2,00,000 Provided commissioning services under Pure labour contract to M/s Raj Builders of Jaipur, Rajasthan for Multi-storey residential complex. 5,00,000 Stock transferred without consideration to its branch in Jodhpur, Rajasthan. Branch has same GSTIN. 1,25,000 Outward sale of goods to various unrelated persons: Particulars Market Value (`) Transaction Value (`) Intra-State 5,00,000 5,75,000 As provided in the column Provided warehousing services for Kidney beans (Rajma), Red lentils and other pulses. 50,000 Inward Transactions Amount (`) Received Car rental services from Carman Private Limited, an unregistered company in Udaipur engaged in car renting services. MLM Private Limited paid rent on monthly basis (Cost of fuel also 1,20,000 TAXATION included in the monthly rent). [Rate of CGST and SGST is 6% each] Intra-State inward supply of various goods and services for use in the course or furtherance of business. 7,50,000 [Goods] 2,50,000[Services] Additional Information (i) The Company paid ` 50,000 to Mr. Ajay, an independent director, as sitting fees. (ii) The Company made donation of ` 4,50,000 to a local old age home (a trust not registered under GST) for setting a Water Cooler at old age home with the name of company embedded on the water cooler to express their support for the good cause. (iii) All the figures are exclusive of GST. (iv) All inward and outward supplies are intra-State except where otherwise stated. (v) Subject to information given above, all the conditions necessary for availing the ITC have been fulfilled. (vi) Rates of GST are given below except where otherwise stated: Particulars CGST SGST IGST Supply of Goods 6% 6% 12% Supply of Services 9% 9% 18% Calculate the net GST Payable in cash by MLM Private Limited for the month of March, 2024. Support your calculations with relevant reasons. (10 Marks) (b) Ajay, a registered person, provided the following details about transactions entered into by him in the month of July, 2024: (i) He sold 3,000 units of goods to Wellness Pharma @ ` 400 each. Under section 206C(1H) of Income Tax Act, 1961, he is required to collect tax (TCS) of ` 2,000 from Wellness Pharma. He included ` 2,000 as TCS in tax invoice issued to the party. (ii) Under a contract with State Government, he sold 1,000 units of goods (unit price is ` 400 per unit) @ ` 200 per unit to families of Economic Weaker Section (identified by State Government). Balance ` 200 per unit will be paid to him by State Government as subsidy. (iii) Issued credit notes worth ` 1,50,000 net of GST as discount to its registered dealers who purchased more than 5,000 units between October, 2023 to December, 2023 under Festival Bonanza Scheme declared on 01.10.2023. The above discount was provided invoice wise with a condition of reversal of ITC by registered dealer. (iv) Sold goods to Old Age Home for consideration of ` 1,00,000 (Normal Sale Value is` 2,00,000). SAMVEDNA, an NGO registered under Section 12AA of Income Tax Act, 1961 gave them a subsidy of ` 30,000 to acknowledge his services to elderly people living in old age home. (v) After analysis of sale report of first quarter, he decided to give discount of 1% to shopkeepers whose total purchases exceeds ` 25,00,000 during the quarter ending June, 2024. Total discount given to such shopkeepers is ` 1,30,000. Compute the taxable value of supply for the month of July, 2024 on which Mr. Ajay shall pay GST. Suitable notes and assumptions should form part of your answer. All the amounts stated above are exclusive of GST. (5 Marks)

Question 6 (a) M/s Poorvi Ltd, a registered supplier of various goods and services, provided the following information pertaining to GST paid on inward supplies for the month of August, 2024. Sr No. Particulars GST Paid (`) 1. Purchased goods which are used for activities related to his obligation under corporate social responsibility referred to in section 135 of The Companies Act, 2013. 3,00,000 2. Purchased raw material worth ` 5,90,000 including GST in 5 lots. 3. lots of raw material worth ` 3,00,000 excluding GST received in the current month and remaining lots will be received in the month of September, 2024. 90,000 3. Company paid for outdoor catering expenses for the lunch of its factory employees during the lunch hours as per the policy of the company. There is no legal obligation to provide such lunch facility to the employees. 50,000 4. Purchased goods from M/s Om Traders -all goods and invoices were received by the company in August 2024, but one invoice out of these invoices has not been furnished by the supplier in the statement of outward supplies (using IFF). The GST paid on the invoice not furnished is ` 50,000. 2,00,000 TAXATION 5. Purchased raw material to manufacture finished goods. Such finished goods to be sold to potential customers under Scheme ‘Buy one get one free’. 1,50,000 Compute the amount of net ITC available to M/s Poorvi Ltd. for the month of August 2024 with necessary explanations for the treatment of all the items in the table as per the provision of the CGST Act, 2017 or CGST Rules, 2017 wherever applicable. Subject to information given above, all other conditions necessary for availing the ITC have been fulfilled. (5 Marks) (b) Examine the following independent cases and determine whether the services are taxable under GST Law: (i) Dhruv Printing Press, a registered entity under GST, received an order of ` 1,50,000 from Vishwakarma Technical Institute, a private ITI providing courses notified under Apprentices Act, 1961 for printing of pre- examination items like question papers, OMR sheets, Answer booklets required for conducting of examination by the institute. (ii) State Board of Education, a registered entity, charged ` 50,000 per year as affiliation charges from a school run by Dharampal Trust, registered under section 12AA of Income Tax Act, 1961 which gives education from class 1 to class 10. (iii) Wecare Hospital, a registered entity, charged ` 19,500 for 3 days from Mr. Sahil who was admitted in Intensive Cardiac Care Unit (ICCU) due to heart attack. (iv) Citcare Hospital, a registered entity, entered into an arrangement with Swadisht Caterers, a registered entity, to supply food to in-patients as per advice of doctor/nutritionist. Swadisht Caterers sends monthly bill to hospital for the food supplied by them to the admitted patients of hospital. Determine the taxability of Citcare Hospital. (5 Marks)

5. Purchased raw material to manufacture finished goods. Such finished goods to be sold to potential customers under Scheme ‘Buy one get one free’. 1,50,000 Compute the amount of net ITC available to M/s Poorvi Ltd. for the month of August 2024 with necessary explanations for the treatment of all the items in the table as per the provision of the CGST Act, 2017 or CGST Rules, 2017 wherever applicable. Subject to information given above, all other conditions necessary for availing the ITC have been fulfilled. (5 Marks) (

Question 7 (a) Mr. Ranjan availed ITC of ` 1,00,000 in GSTR-3B for the month of June, 2024. The Output tax liability for June 2024 was Nil. His intra-State output supply for the month of July 2024 was ` 5,00,000 (excluding GST). He utilized the available ITC against the output tax liability for the month of July 2024 while 2 Vishwakarma Technical Institute qualifies as an educational institution since it is an ITI which provides courses notified under Apprentices Act, 1961, i.e. approved vocational education courses. 3 It has been most logically assumed that ` 19,500 is room rent charges for ICCU. filing GSTR-3B. Mr. Ranjan found on 22nd September, 2024 that he wrongly availed ITC of ` 1,00,000 in the month of June 2024. He reversed the unutilized amount of wrongly availed ITC standing in credit ledger on 30th September, 2024 and paid the utilized amount of ITC by cash. The GST rate is 18%. Calculate the interest payable under the applicable GST law, if Mr. Ranjan filed: (i) Form GSTR-3B for the month of June 2024 on 19 July, 2024. (ii) Form GSTR-3B for the month of July 2024 was filed on 25 August, 2024. (Note: The due date of filing of GSTR-3B is 20th day of the following month. But the due date of filing of GSTR-3B was extended to 22nd August, 2024 for the month of July 2024) (5 Marks) (b) Briefly discuss the provisions related to inspection and verification of goods in transit as laid in Rule 138C of CGST Rules, 2017. (5 Marks)

Question 8 (a) As per Section 7 of the CGST Act, 2017 for the purposes of Goods and Services Tax, the expression "supply" includes all forms of supply of goods or services or both such as sale, transfer, barter, exchange, licence, rental, lease or 4 It has been logically assumed that date of payment is same as date of reversal i.e 30.09.2024. disposal made or agreed to be made for a consideration by a person in the course or furtherance of business. Discuss as per the provisions of the CGST Act, 2017 (or rules thereunder), when an activity can be treated as supply even if there is no consideration, or even if it is not in the course or furtherance of business. (5 Marks) (b) (i) Explain the provisions relating to the validity period of the registration certificate issued to Casual Taxable Person and Non-Resident Taxable Person. (2 Marks) (ii) List the deficiencies in the erstwhile value-added taxation which led to evolution of Goods and Services Tax. (3 Marks) OR (b) Section 31 of the CGST Act, 2017 requires that a tax invoice shall be issued before or at the time of delivery/ removal of goods. Specify the situations where a tax invoice can be issued after delivery of goods. Discuss the provisions related to issue of tax invoice and delivery challan in case of transportation of goods in a semi knocked down or completely knocked down condition or in batches or lots. (5 Marks)

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