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Home/Questions/Page 38

Taxchopal Latest Questions

Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 7, 2021In: GST

What is the Rate of GST in reverse charge supply?

  1. PrashantBute Beginner
    Added an answer on December 23, 2021 at 11:03 am

    The rate of tax to be used for the reverse charge supply is the rate that is applicable on such goods/services. GST Compensation Cess is also applicable on reverse charge. If the goods/services purchased in exempted or nil rated then no tax is payable under RCM. Composition dealers are required to pRead more

    The rate of tax to be used for the reverse charge supply is the rate that is applicable on such goods/services. GST Compensation Cess is also applicable on reverse charge. If the goods/services purchased in exempted or nil rated then no tax is payable under RCM.

    Composition dealers are required to pay reverse charge at normal rates (5%,12%,18%,28%) and not at the composition rates (1% or 5%).

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 7, 2021In: GST

What is reversed charge in GST?

  1. CA Vishnu Ram Enlightened
    Added an answer on March 26, 2025 at 4:15 pm

    Reverse charge is a mechanism under the Goods and Services Tax (GST) system where the responsibility for paying GST shifts from the supplier to the recipient. This means that instead of the seller collecting the tax from the buyer, the buyer is required to pay the GST directly to the government. KeyRead more

    Reverse charge is a mechanism under the Goods and Services Tax (GST) system where the responsibility for paying GST shifts from the supplier to the recipient. This means that instead of the seller collecting the tax from the buyer, the buyer is required to pay the GST directly to the government.

    Key Points:

    • Liability Shift:
      Under the reverse charge mechanism (RCM), if you are the recipient of certain specified goods or services, you must pay the applicable GST even if the supplier does not charge it.

    • Applicable Situations:
      Reverse charge is applicable in specific cases mandated by the GST law. This can include:

      • Certain categories of goods and services notified by the government.

      • Supplies from unregistered persons where the recipient is registered.

      • Transactions involving government departments or agencies.

    • Relevant Provisions:
      The provisions for reverse charge are primarily found in the GST Acts (both CGST and IGST), which outline the circumstances and conditions under which RCM applies.

    • Compliance:
      As a recipient, if you fall under the reverse charge mechanism, you must:

      • Pay the GST on the purchase.

      • Ensure proper accounting and reporting in your GST returns.

      • Claim input tax credit (if eligible) on the tax paid under reverse charge.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 7, 2021In: GST

What is the penalty for not filing of GST return?

  1. CA Vishnu Ram Enlightened
    Added an answer on March 26, 2025 at 4:24 pm

    If you fail to file your GST return by the due date, you can incur a penalty under the GST law. Here’s a straightforward explanation: 1. Daily Penalty: General Taxpayers:You may be charged a penalty of ₹50 per day for each day the return is late. Small Taxpayers:If your aggregate turnover is up to ₹Read more

    If you fail to file your GST return by the due date, you can incur a penalty under the GST law. Here’s a straightforward explanation:

    1. Daily Penalty:

    • General Taxpayers:
      You may be charged a penalty of ₹50 per day for each day the return is late.

    • Small Taxpayers:
      If your aggregate turnover is up to ₹1.5 crore, the penalty is typically ₹20 per day.

    2. Maximum Limit:

    • The daily penalties accumulate up to a maximum limit, which is generally ₹5,000 for most taxpayers and ₹1,000 for small taxpayers.

    3. Additional Considerations:

    • Interest:
      Note that aside from the penalty, interest may also be charged on any tax due if the return is not filed on time.

    • Continuous Non-Filing:
      If returns are not filed for a continuous period, the tax authorities may take further actions, such as restrictions on claiming input tax credits.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 7, 2021In: GST

Can we use our Firm name after cancellation of GST registration?

  1. Amit Ganguly Beginner
    Added an answer on December 20, 2021 at 6:10 pm

    Yes , You can use your firm Name after cancelling its Registration. Cancelling the Registration means Removing its liability of GST which does not impact on its existance. However, in case of wind off the concern , there are no questions of using of Firm Name.

    Yes , You can use your firm Name after cancelling its Registration. Cancelling the Registration means Removing its liability of GST which does not impact on its existance.

    However, in case of wind off the concern , there are no questions of using of Firm Name.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 7, 2021In: GST

Can we apply for surrender of GST number?

  1. CA Vishnu Ram Enlightened
    Added an answer on March 26, 2025 at 4:30 pm

    Yes, you can apply for the surrender of your GST registration if you no longer meet the eligibility criteria or if you wish to discontinue your GST compliance. Here’s what you need to know: Eligibility for Surrender:If your business turnover falls below the threshold, or if you are no longer engagedRead more

    Yes, you can apply for the surrender of your GST registration if you no longer meet the eligibility criteria or if you wish to discontinue your GST compliance. Here’s what you need to know:

    • Eligibility for Surrender:
      If your business turnover falls below the threshold, or if you are no longer engaged in any taxable activities, you may opt to surrender your GST registration.

    • Relevant Provisions:
      Under the CGST Act, provisions allow taxpayers to voluntarily surrender their GST number. This process is intended to help businesses avoid unnecessary compliance if they are no longer required to be registered.

    • Procedure to Surrender Your GST Number:

      1. Log in to the GST Portal:
        Access your account on the official GST portal.

      2. Submit an Application:
        Fill out the form for cancellation/surrender of registration, providing the required details and reasons.

      3. Compliance Check:
        Ensure that all pending returns are filed and any outstanding tax liabilities or refunds are settled.

      4. Confirmation:
        Once your application is processed, you will receive confirmation that your GST registration has been surrendered.

    • Important Reminder:
      Surrendering your GST number means you can no longer collect GST on your sales or claim input tax credits. Make sure this is the right step for your business before applying.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 7, 2021In: GST

How to resume cancelled GST registration?

  1. CA Vishnu Ram Enlightened
    Added an answer on March 26, 2025 at 4:34 pm

    If your GST registration has been cancelled—either voluntarily or by the tax authorities—you may have the option to restore it if your business operations have resumed. Here’s a quick guide on how to do that: Step 1: Check the Cancellation Status and Time Limit If your registration was cancelled andRead more

    If your GST registration has been cancelled—either voluntarily or by the tax authorities—you may have the option to restore it if your business operations have resumed. Here’s a quick guide on how to do that:

    Step 1: Check the Cancellation Status and Time Limit

    • If your registration was cancelled and you wish to resume your business, you need to check whether you’re still within the allowed window for restoration.

    • Typically, you can apply for restoration within a prescribed period (usually within 30 days from the cancellation date). If you miss this window, you might have to register as a new taxpayer.

    Step 2: Log In to the GST Portal

    • Visit the official GST portal and log in using your credentials.

    Step 3: Submit an Application for Restoration

    • Navigate to the registration section and look for the option to “Restore Registration” or “Resume Registration.”

    • Complete the application form, providing all the required details and the reason for restoration (such as resumption of business).

    Step 4: File All Pending Returns and Clear Outstanding Dues

    • Ensure that any pending GST returns are filed.

    • Settle any outstanding taxes or interest to avoid complications during the restoration process.

    Step 5: Await Approval

    • After submitting your application, the GST authorities will review your request.

    • If approved, your GST registration will be restored, and you can continue with your business activities under the same GSTIN.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 7, 2021In: GST

In what conditions GST registration is cancelled by department?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on March 27, 2025 at 10:35 am

    The GST Department may cancel a GST registration if a taxpayer fails to comply with certain requirements. Here are the main conditions under which cancellation can occur: Non-Filing of Returns:If a registered taxpayer fails to file GST returns for a continuous period (usually six months), the departRead more

    The GST Department may cancel a GST registration if a taxpayer fails to comply with certain requirements. Here are the main conditions under which cancellation can occur:

    • Non-Filing of Returns:
      If a registered taxpayer fails to file GST returns for a continuous period (usually six months), the department may cancel the registration. This is to ensure active compliance—if you aren’t filing returns, your registration might be considered dormant.

    • Failure to Comply with Corrective Notices:
      When the department issues notices for discrepancies or non-compliance (for example, incorrect information in the registration application) and the taxpayer fails to respond or rectify the issues, cancellation can be initiated.

    • Discontinuation of Business:
      If there is clear evidence that the business has ceased operations or the taxpayer’s turnover remains consistently below the prescribed threshold, the department may cancel the registration.

    • False or Misleading Information:
      If the information provided during registration is found to be false or misleading, the GST registration may be cancelled. This ensures the integrity of the registration process.

    • Other Non-Compliance Issues:
      Any other significant non-compliance with GST provisions—for example, failure to maintain proper records or adhere to statutory requirements—can also lead to cancellation.

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: November 7, 2021In: GST

What is the process of surrender of GST number?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on March 27, 2025 at 10:36 am

    If your business no longer requires GST registration—perhaps because you’ve ceased operations or your turnover falls below the threshold—you can surrender your GST number. Here’s a clear, step-by-step process: 1. Prepare for Surrender Clear Pending Compliance:Ensure that all GST returns are filed anRead more

    If your business no longer requires GST registration—perhaps because you’ve ceased operations or your turnover falls below the threshold—you can surrender your GST number. Here’s a clear, step-by-step process:

    1. Prepare for Surrender

    • Clear Pending Compliance:
      Ensure that all GST returns are filed and any outstanding tax or interest liabilities are settled. This is crucial before initiating the surrender process.

    • Review Your Business Status:
      Confirm that your business no longer meets the mandatory registration criteria.

    2. Log In to the GST Portal

    • Access Your Account:
      Use your credentials to log in to the official GST portal. This is where you’ll initiate the surrender process.

    3. Submit the Cancellation Application

    • Find the Cancellation Option:
      In the portal’s dashboard, look for the option to “Cancel/ Surrender Registration”.

    • Fill Out the Form:
      Complete the required form (commonly known as GST REG-16). Provide accurate details about your business and the reason for surrendering your GST registration.

    • Upload Supporting Documents:
      Attach any necessary documentation that confirms your business has either ceased operations or no longer meets the criteria for registration.

    4. Submit and Wait for Processing

    • Application Submission:
      Once the form is completed and all documents are attached, submit your application.

    • Review by the Authorities:
      The jurisdictional officer will review your request. If everything is in order, your GST registration will be canceled.

    • Confirmation:
      You’ll receive a notification from the GST department confirming the cancellation of your GST number.

    5. Post-Cancellation

    • Keep Records:
      Retain a copy of the cancellation confirmation and related documents for your records.

    • Update Your Business Practices:
      Ensure that you update your invoicing and accounting systems to reflect the change.

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Vinaymantri
VinaymantriBeginner
Asked: October 28, 2021In: Income Tax

Tax liability on crypto coin

  1. CA Manish Kumar Gupta Enlightened
    Added an answer on October 28, 2021 at 10:57 pm

    Bitcoin or any other cryptocurrencies are not legal tenders in India. The Reserve Bank of India (RBI) has not yet granted the status of legal tender. Still, it is not illegal as the supreme court has allowed banks to handle  cryptocurrency transactions from traders and exchanges Now come on taxationRead more

    Bitcoin or any other cryptocurrencies are not legal tenders in India. The Reserve Bank of India (RBI) has not yet granted the status of legal tender. Still, it is not illegal as the supreme court has allowed banks to handle  cryptocurrency transactions from traders and exchanges

    Now come on taxation of cryptocurrency.

    Since Nature of “cryptocurrency trading” falls under the definition of Section 2(14) of the Income Tax Act of “capital asset”.  cryptocurrency is treated as ‘property of any kind held by the assessee whether or not connected with his business or profession’.

    Therefore, any gains arising out of the transfer of cryptocurrency must be considered as capital gains, if they are held for investment.  

    Depending on the duration for which these crypto currencies assets are held for the purpose of investment, they would be taxed as long-term capital gains (20 percent post indexation) or short-term capital gains (taxed as per individual slab rate).

    Happy crypto trading 🙂

     

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Ramesh Sharma
Ramesh SharmaEnlightened
Asked: October 8, 2021In: Income Tax

How to calculate actual cost of assets as per Income Tax Act?

  1. CA Sanjiv Kumar Enlightened Chartered Accountant
    Added an answer on March 27, 2025 at 10:42 am

    When it comes to determining the “actual cost” of an asset for tax purposes, the Income Tax Act, 1961 requires you to consider all the expenses incurred in acquiring and putting the asset to use. Here’s a step-by-step guide: Step 1: Identify the Base Cost For Purchased Assets:This is the price you aRead more

    When it comes to determining the “actual cost” of an asset for tax purposes, the Income Tax Act, 1961 requires you to consider all the expenses incurred in acquiring and putting the asset to use. Here’s a step-by-step guide:

    Step 1: Identify the Base Cost

    • For Purchased Assets:
      This is the price you actually paid for the asset.

    • For Gifts or Inherited Assets:
      The actual cost is usually the market value on the date of transfer or as provided by Section 48 of the Act.

    Step 2: Add Incidental Expenses

    • Include all expenses directly attributable to acquiring the asset, such as:

      • Stamp duty and registration fees

      • Brokerage and legal fees

      • Any other charges incurred in the acquisition process

    Step 3: Include Capital Improvements

    • If you have incurred expenses on improvements or renovations that add to the asset’s value (and these are capital in nature), include these in your cost calculation.

    Step 4: Determine the Total Actual Cost

    • Sum Up:
      The actual cost is the aggregate of the base cost, incidental expenses, and capital improvements.

    • This figure represents the total expenditure made to bring the asset into a usable condition.

    Step 5: Adjust for Inflation (if Applicable)

    • Indexation Benefit:
      For long-term capital gains purposes, you may apply the Cost Inflation Index (CII) to the actual cost. However, note that indexation is applied after calculating the actual cost.


    Key Takeaways

    • Actual Cost = Purchase Price (or Market Value) + Incidental Expenses + Capital Improvements.

    • For Long-Term Assets:
      Use indexation on the actual cost to adjust for inflation when computing capital gains.

    • Documentation:
      Maintain all receipts and documents to support each component of the cost.

    By carefully calculating these components, you can accurately determine the actual cost of your asset as required by the Income Tax Act. This helps ensure that your capital gains calculations are precise and that you optimize your tax benefits.

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