A regd in delhi took premise at noida, he was not registered in noida, input of cgst and sgst on rent amount was matching in his 2A, so he took input, I thought mechanism given to take input, so advised him to take the credit . Now input is not in annual return. Also Rajasthan aar n bengal aar is denying the same credit,
If you are pleading that if they have given the time for finalising the Annual Return for 17-18 but not for claiming ITC beyond 20th October which is unfair. Then Revenue Department may say that they were giving time for understanding the Annual Return which was very much complex and few point were difficult to understand but the way of claiming of ITC has still not changed and they have already given 6 months from the close of financial year to decide whether to claim it or not. Thankyou sir for so much informative lecture :)
Hello Sir, The language of section 16(1) states that :- every registere person, SUBJECT TO SUCH CONDITIONS AMD RESTRICTIONS AS MAY BE PRESCRIBED ..... So after reading this, can we still say that introduction of rule 36(4) is in contradiction of the Act?
Informative Lecture Thank you Sir ! My query is in regard of tax wrongfully collected by supplier and deposited to government. Whether ITC could be denied to recipient on ground that the levy itself is unconstitutional. For example , instead of charging 28% supplier has charged 12%, then whether the recipient can be held to reverse the ITC and shall claim the refund for excess payment of tax. As input tax credit defination says that credit of input tax. Input tax means tax central tax, state tax etc.. Central tax means tax charged under section 9. Now section 9 says tax shall be levied @ rate specified not exceeding 20%. Therefore,whether view can be taken that rate levied under section 9 was 6% and the moment levy rate exceeds 6% excess component won't be termed as central tax levied under section 9 and if it's not central tax then its not input tax and so on there is no ITC. Or we can take a view that "Central tax" means tax charged no matter what it is to be charged. Any amount charged under section 9 is central tax. It gives raise to one more query that as ocean freight which is held as unconstitutional by gujarat high court. Can department come and says that as levy was unconstitutional, it is as good as deposit and doesn't amount to tax. And if it doesn't amount to tax there would be no question for ITC. You could take refund of deposit but couldn't claim the ITC of deposit.
Thank you Sir for imparting us such a valuable content on ITC. Sir, I am a CA Final student and wants to make GST as my core subject. Can u please suggest any website specially for GST Case laws to update myself. Thank You.
repairs constituting to construction is not eligible for credit when its capitalised to the cost of the immovable property ? and available when treated as a revenue expenditure ??? Is that what you meant sir????
Sir, If a Company has taken a building on rent from a director, will reverse charge be applicable on such service from director? Also, we have not paid gst on RCM basis on such service for fy 2017-18, what is the remedy now?
For the period july 2017 to 12th march 2017 your company is liable to pay tax under RCM as per section-9(4) , As after 12th October section 9(4) was made ineffective you are not liable to pay tax under rcm. Director shall be liable to pay tax under forward charge if his turnover crosses 20 lakhs.
Sir, Great Webinar. Thankyou for englighting on the open ITC issues. Thank you for sharing your mobile number. Sir, on a lighter & happy note, Is your wats up service also open for other than NIRC member?😄😄
![[IMPORTANT VIDEO] Table wise Discussion on GSTR-9 & 9C for FY 2023-24 || CA (Adv) Bimal Jain](http://i.ytimg.com/vi/Yw1be7V3um0/mqdefault.jpg)
![[IMPORTANT VIDEO] Table wise Discussion on GSTR-9 & 9C for FY 2023-24 || CA (Adv) Bimal Jain](/img/tr.png)
Very nice... Really appreciate your effortd
Very insightful....thank u bimal ji
I am also a CA hence your lectures are always very helpful for me. Thanks a lot Sir.
Thanks Bimal ji
Bimal sir,I'm ur big fan from Hyderabad, thank you for sharing ur knowledge with us.
I HAVE HEARD AND SEE MANY OF YOUR WEBINAR ALL ARE VERY INFORMATIVE AND IMPRESSIVE SO PLEASE KEEP IT IT UP
A regd in delhi took premise at noida, he was not registered in noida, input of cgst and sgst on rent amount was matching in his 2A, so he took input, I thought mechanism given to take input, so advised him to take the credit . Now input is not in annual return. Also Rajasthan aar n bengal aar is denying the same credit,
sir can i claim ITC on airconditioners? 1. when it is used in CA/ Business office? 2.when purchased by a hotel for installation in rooms?
Yes
Whether ITC is eligible on Group Gratuity Insurance plan ?
SO DETAILED AND LOGICAL SIR... APPRECIATE SIR. PLS UPLOAD MORE SUCH VIDEOS
Thank you sir , thank you icai respected branch it learning and motivated us for learning ...
Thank you sir
Listening you is always a learning day .. please keep on doing sir.
Nice
Superb Bimal sir as always.
If you are pleading that if they have given the time for finalising the Annual Return for 17-18 but not for claiming ITC beyond 20th October which is unfair.
Then Revenue Department may say that they were giving time for understanding the Annual Return which was very much complex and few point were difficult to understand but the way of claiming of ITC has still not changed and they have already given 6 months from the close of financial year to decide whether to claim it or not.
Thankyou sir for so much informative lecture :)
Hello Sir,
The language of section 16(1) states that :- every registere person, SUBJECT TO SUCH CONDITIONS AMD RESTRICTIONS AS MAY BE PRESCRIBED .....
So after reading this, can we still say that introduction of rule 36(4) is in contradiction of the Act?
Yes
@@cabimaljain Okay Sir, Thank You!!
It is always energetic to listen CA binal jain...
Thanks alot sir..
Informative Lecture
Thank you Sir !
My query is in regard of tax wrongfully collected by supplier and deposited to government. Whether ITC could be denied to recipient on ground that the levy itself is unconstitutional.
For example , instead of charging 28% supplier has charged 12%, then whether the recipient can be held to reverse the ITC and shall claim the refund for excess payment of tax.
As input tax credit defination says that credit of input tax. Input tax means tax central tax, state tax etc.. Central tax means tax charged under section 9. Now section 9 says tax shall be levied @ rate specified not exceeding 20%.
Therefore,whether view can be taken that rate levied under section 9 was 6% and the moment levy rate exceeds 6% excess component won't be termed as central tax levied under section 9 and if it's not central tax then its not input tax and so on there is no ITC.
Or we can take a view that "Central tax" means tax charged no matter what it is to be charged. Any amount charged under section 9 is central tax.
It gives raise to one more query that as ocean freight which is held as unconstitutional by gujarat high court. Can department come and says that as levy was unconstitutional, it is as good as deposit and doesn't amount to tax. And if it doesn't amount to tax there would be no question for ITC. You could take refund of deposit but couldn't claim the ITC of deposit.
Thank you Sir for imparting us such a valuable content on ITC. Sir, I am a CA Final student and wants to make GST as my core subject. Can u please suggest any website specially for GST Case laws to update myself. Thank You.
cbic.gov.in
repairs constituting to construction is not eligible for credit when its capitalised to the cost of the immovable property ? and available when treated as a revenue expenditure ??? Is that what you meant sir????
Yes
Sir,
If a Company has taken a building on rent from a director, will reverse charge be applicable on such service from director?
Also, we have not paid gst on RCM basis on such service for fy 2017-18, what is the remedy now?
No gst on rcm even if received from director
Will depend upon if the director requires reg in his capacity
@@luckyagrawal3481 meaning?
For the period july 2017 to 12th march 2017 your company is liable to pay tax under RCM as per section-9(4) ,
As after 12th October section 9(4) was made ineffective you are not liable to pay tax under rcm.
Director shall be liable to pay tax under forward charge if his turnover crosses 20 lakhs.
@@AmanSingh-tn9io the notification was issued u/s 9(3)
I .ust get 15 lakhs
Sir, Great Webinar. Thankyou for englighting on the open ITC issues.
Thank you for sharing your mobile number. Sir, on a lighter & happy note, Is your wats up service also open for other than NIRC member?😄😄
If unutlises no
Ratan ji said that he would take less time. Really?
No
Ye
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15
10
1
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
Yes
Yes
Yes