GST & YOU
I am a trader selling my products through an e-commerce portal, having an annual turnover of less than ~1 crore. Am I eligible to claim the benefit of the composition scheme under the goods and services tax (GST) law? The composition scheme can be opted for by specified categories of suppliers, based on a prescribed threshold. A trader supplying goods through an e-commerce website has been specifically restricted from opting for composition scheme. As you would be supplying your products through an e-commerce website, you will not be eligible. Is an input service distributor (ISD) separately required to be registered under GST law? According to the registration provisions, an ISD is mandatorily required to obtain separate registration, irrespective of the fact that it has obtained normal registration. Also registration as an ISD under the pre-GST regime would not be migrated in the GST regime and all existing ISDs are required to obtain fresh registration under the new regime. What are the consequences of not filing GST returns within the due dates? The law mandates every registered taxable person to file the relevant return within the due dates. However, in case registered taxable person files return beyond the due date then he will be required to pay late fees of ~100 for each day of delay, subject to a maximum of ~5,000.
For failure to furnish annual return by the due date, a late fee of ~100 for each day during which such failure continues, subject to a maximum of an amount calculated at a quarter per cent (0.25 per cent) of his turnover in a state will be required to be deposited.
It may be highlighted that the government has waived levy of penalty for delay in submission of GSTR-3B for July, August and September. We have multiple offices in India, and our employees travel by air for business purposes. What would be the place of supply for such services and to which of our addresses should the airline issue the invoice? We understand you are registered under GST law in different states. The place of supply in respect of passenger travel services provided by an airline will be the location of the registered recipient.
In your case, for the purpose of issuance of invoice by the airline, you may provide GSTIN details of your office and where the employee who is travelling is positioned. The airline may issue the invoice treating such office for which GSTIN is provided as the place of supply. We have purchased certain capital goods. We are claiming depreciation on the value. Can we claim the input tax credit for such goods? Under GST law, input tax credit is available for all capital goods used in the course or furtherance of business, unless specifically restricted. The law specifically restricts availing of input tax credit where the registered taxable person has claimed depreciation on the tax component of the cost of capital goods under the provisions of the Income Tax Act, 1961.