4 years of GST - THREAD ON UNANSWERED QUESTIONS

This thread is different than anything else

Here are list of some Unanswered Questions. Its about those "WHY" which You must have encountered these questions in these 4 years.

like CGST of one state not available to Other
Do read all. Add more in Comments .

Here it goes

1. Why Credit of CGST of other state not available in state in which Taxpayer is registered ?? Why? There is only one CGST act. Right? Have you ever thought?
2. In refund in Export. Why ITC of CG not allowed whereas ITC of Input services allowed? This curtail refund Amt. Also If I m doing export with IGST then Full IGST is allowed as Refund. Why such discrimination in both scheme ? If purpose is to give full refund to Exporters
3.  Why some sectors have been denied ITC out-rightly ? why some of those industry is prescribed rate where ITC is not available? Why? Restaurants or Construction or Transportation are example where RATE prescribed mentioned that 12% without ITC, 5% without ITC?
4. What could hv been reason to specifically denial of ITC of construction of a Factory or ITC of Car used for business?  Why ? This always haunts me ?

We understand that reason of 36(4), 16(2)(aa) is to restrict ITC  to the extent shown on Portal but why above is denied?
5. Why Producer of pan masala, or tobacco products ,or ice cream is denied Composition scheme benefit? Is it because they think they are high margin business?

6. Why Composition dealer cannot sale in other state whereas they can purchase from outstate? What could be reason?
7. Interest income, Rent of House, Income of Medical professionals, are kept in Exempt income. If he has any GST levied TO and togather if these cross 20 lac then Liable for registration . Why they specifically not kept House rent, Interest, dividend, Doctor's income in Sch- 3?
8. RCM gives Cash to Govt Otw no logic of RCM I ever understood.
RCM in transportation is understood .Bcz it is an unorganised sector. But why RCM on advocate fees or security services or sponsorship? They are v  organised sectors & they can discharge on FCM basis. they why not?
So these are Not related to why Portal behaves such..Nothing related to Policy suggestions to improve. But only those haunting "WHY"s which r unanswered

This reminds me of My CA study days. In taxation classes , Professor always used to say "Never Find Logic in Law"
पर ये गुस्ताखी मे फिर भी करना चाहूँगा

Also , I want to convey that

We are occupied with routine procedures such that we never asked why for obvious questions.
We tend to accept things so easily that we never ask "WHY"

You can add more such points in comments below

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More from @CA_HarshilSHETH

30 Jun
GST REGISTRATION related Questions - A thread

WHETHER PERSON is LIABLE to REGISTER in EACH CASE ?
(SECTION 22 to 25 & DEFINITION OF AGGREGATE Turnover will be helpful )

Here are Incomes of some persons from his Profit loss accounts
1. A trader having 38 lakh turnover ( Taxable Goods) + 1 lakh Rent from residential house +1 lakh Interest from FD and saving bank account

2 An advocate earning 19 lakh from consultancy on which recipient is paying tax on RCM basis + 2 lac rent from Commercial Property
3. An advocate earning 19 lakh from consultancy + 2 lakh income from interest of FD / SB a/c

4. A doctor having income of Rs 19 lakh from his consultancy + 2 Lac income of commission from suggesting medicine of a particular company
Read 6 tweets
11 Jun
THREAD on GST portal issues

Inspired from @ca_shridhar post
I Have added few points & made this list

Its not about Portal glitches or Its Getting down/slow its capacity issue or anything abt Law. We made list here list how GST Portal inefficient to give full fledged experience
1. Negative figure in GSTR 3B-
Law is clear but Portal is still not ready for same. Negative Figure in 3B is necessary . Definitely not provided because technical team is not ready.
2. Headache of Jumping to screens while searching in B2B -
While searching particular Invoice in B2B in GSTR 1 Screen , U can Always view only 5 invoice in one screen in B2B in GSTR 1
Imagine u hv 450 invoice of diff GSTIN then there will be 90 times jumping
Read 15 tweets
27 Apr
Thread on closing FY 20-21

I knw its turbulent times.. Working from Home.. Limited sources .. Doing Compliance for Clients who are also not able to cope up in difficult times
And no Extention of dates

Here is CHECKLIST for GST & IT

#GST
#IT
Prepare list of clients in each following category and make 100% sure that U have done following compliance for each month
👉GST
Check in All Monthly /Quarterly Clients

✅ GSTR1 filed upto MARCH 2021
✅GSTR 3B filed upto MARCH 2021
✅GSTR 9/9C filed upto FY 19-20 ( if applicable)

👉GST
Check in Composition clients
✅ CMP 8 filed upto Q4
✅ GSTR 4 Filed Upto FY 20-21
Read 9 tweets
3 Apr
Thread on TCS FOR FY 20-21 END AND TCS FOR FY 21-22 START- VERY IMPORTANT

tweet 1

>>>>Action required for TCS on Sale of Goods for Financial Year 2020-21

>Note- TCS was made applicable to those whose FY 19-20 Turnover was Crossing 10 cr
tweet 2

a. In case, you are liable to collect TCS after 01-10-2020 for sales of goods, then for march month ,ensure to pay TCS by 7th April 2021 for Q4. (not 30th april)
The due date for TCS return is 15-5-2021 ( not 31st may)
tweet 3

b. Also check your books of Accounts , From 1-10-2020, If you have not collected or short collected from the customer then You need to Reconcile with books and Pay the difference before 7th April 2021 and File TCS return before 15-5-2021.. Rate was 0.075% till March.
Read 6 tweets
12 Mar
Thread -
1
Future of GST Professionals practise
is
RECONCILIATION

On OUTWARD side-

You will be making Reco of following source of Figures

Books Figures
3B Figures
GSTR 1 Figures
E invoice Figures
GSTR 9 figures
26AS Figures
2
On ITC side-

U all know that
Reco needed in

Books Figures
3B Figures
GSTR 2B Figures
GSTR 2A Figures
GSTR 9 table 6
GSTR 9 table 8A

And some Ppl prefer to make their own version of Excel Summary for Annual data
So Reco with that Also
---
Read 4 tweets
22 Feb
Thread on Machine Vs Humans Vs GST
1

The fact that Law conceptualized after developing IT modules on GST Portal is the irony and big failure point

This shows How human touch is missing in GST

Depending tooo much on tech and machine driven systems is in-human

Read below
2. Taxpayer is Allowed ITC only if reflected in 2B

GST return filling system should understand that the counter party is also human.. He is not machine

It may not be possible for him Everytime that he may file his GSTR1 before 11th/13th every month
3. A human is prone to mistake, Forgetful nature, full of problems & hurdles & unavoidable events

Like there might be health emergency at his home, Marraige function at home, or his accountant is unavailable or same with his consultant

All these unavoidable
Read 6 tweets

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