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Showing posts from August, 2018

Whether GST is payable on raising a Tax Invoice irrespective of payment received.

The Chairman / Secretary, Saket CHS Ltd. Thane. Dear Sirs, Yes, one will need to pay tax even if payment is not received against the GST invoice. The liability of GST arises at the ‘time of supply’. Time of supply in case of supply of goods is “the date of issue of invoice by the supplier or the last date on which he is required to issue the invoice with respect to the supply”. Time of supply in case of supply of services is earlier of below two – The date of issue of invoice by the supplier or the last date on which he is required to issue the invoice with respect to the supply; or The date on which the supplier receives the payment with respect to the supply (i.e., Advance Payment). However if payment not received from client, you may raise credit note anytime to avoid unnecessary gst tax payment on it as a input credit while filing gst return. When should GST be paid? The answer to this questiom lies in Point of Supply rules (POS) of GST. ...

Legal provision on whether we can get Input Tax Credit on Repairs and Renovation of Buildings:

The Chairman / Secretary, Saket CHSL, Thane. Dear Sirs, I am giving herewith the legal provision on whether we can get Input Tax Credit on Repairs and Renovation of Buildings: One cannot  take ITC  on repairs and maintenance  work of the society buildings as per the section 17 sub section 5 (d)   of the CGST Act  2017 . If the repair results in capitalization of such expense, then you cannot claim ITC.  If repair is charged to Profit & Loss A/c,  then ITC can be claimed. The above provisions apply only when such repairs are done for business. If repairs are personal in nature, then ITC is ineligible. What does the Law say? Let us read what the law has to say about Section 17(5) Notwithstanding anything that sub-section (1) of section 16 and subsection (1) of section 18 contains, ITC will not be available in respect of the following, namely: motor vehicles and other conveyances apart from when they are used– ...

Whether GST should be charged on your Bus Transport Services.

  Whether GST should be charged on your Bus Transport Services. Bus transport service is a necessity in a city like Thane, where public transport services are poor. We have been receiving queries regarding the new Goods and Services Tax (GST), which is applicable on freight charges involving goods transport agencies (GTA). In the previous law, services provided by GTA (i.e. transport of goods by road service rendered by a GTA) were liable to a service tax on a reverse charge basis, where the person receiving the service was responsible for payment of tax. In the GST regime, the same legal position prevails, but the scope of the tax has been widened. Meaning of GTA GST laws define GTA in  notification no. 12/2017-Central Tax (Rate) dated 28.06.2017),  which states that, ‘ goods transport agency means any person who provides service in relation to transport of goods by road and issues consignment note, by whatever name called’. Thus, the transporter must issue a ...

Provisions regarding Special General Meeting.

The Secretary, Saket CHS Ltd. Thane Dear Secretary, 1. Refer  MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY (AS PER 97 TH CONSTITUTIONAL AMENDMENT and MAHARASHTRA CO-OP. SOCIETIES (AMENDMENT) about ruling on Spl GBM LAWS OF COOPERATIVE HOUSING SOCIETY Special General Body Meetings Para 98. A special general body meeting of the Society may be called at any time at the instance of the Chairman or by the decision of the majority of the Committee and shall be called within one month of the date of the  receipt or requisition, in writing  signed by at least 1/5th of the members of the Society or from the Registering Authority or from the Housing Federation, to which the Society is affiliated.  The meeting so convened shall not transact any business, other than that mentioned in the notice of the meeting fixing date, time and place for a special general body meeting requisitioned. Para 100. The committee shall decide the date, time and place of ...

What are the powers of a Managing Committee of a CHS vis-a-vis other sub committee's as per the law:

What are the powers of a Managing Committee of a CHS vis-a-vis other sub committee's as per the law: Our society has for the past 3 years digressing from the provisions of the byelaws and MCS Act which governs it's existence, in every field. Sub committees are set up and they have self proclaimed Conveners. They act like they are replacing the Managing Committee. Actually they have no legal standing and it is the Managing Committee which is supreme. Unfortunately, our office bearers have little or no knowledge of the laws, no experience, only arrogance and they neither consult people who know and are becoming subservient to such over bearing sub committee members. I am listing below - for proper knowledge of all - the functions and powers of the Managing Committee: Subject to the directions given or regulation made in the meeting of the General Body of the society, the committee shall exercise all powers expressly conferred on it and discharge all functions en...