TAXKATEACHER - CA KARAN SHETH 8879-727-727

Top 10 Tricky Question from RTPs

Question 1 (RTP Nov'23)

Bali Bells Ltd. (hereinafter referred as Bali Bells), a private limited company registered in
Chennai, Tamil Nadu, provides the following outward supplies in the month of September:

I3ase
Particulars Amount (`)
Taxable Exempt

I
Intra-State outward supplies 40,00,000 15,00,000
Inter-State outward supplies 30,00,000 10,00,000

Bali Bells Ltd. sold land for ` 2,00,00,000 (excluding GST) in the month of September. Bali Bells
purchased one heavy steel machinery in the month of September for ` 1,00,000 (excluding
GST @ 18%). Bali Bells capitalized the value of machinery along with GST paid on the same in
its books of accounts and claimed depreciation on the full value of machinery as well as on
GST amount.
Apart from this, Bali Bells has a tax invoice dated 25th July of last financial year with respect
to an inward supply of ` 50,000 (excluding GST @ 18%). The company has not availed ITC on
said invoice yet.
Bali Bells distributed some free samples of goods in the month of October to its customers to
promote its sales.
Bali Bells made a supply during November, details of which are as follows-
- Basic price of the product before TCS under Income Tax Act, 1961 – ` 45,000
- Tax collected at source under Income-tax Act, 1961 – ` 2,500
- It received a subsidy of ` 3,500 from Bharat Foundation Pvt. Ltd. for usage of green
energy and the subsidy was linked to the units of energy saved and not aforesaid product.
Bali Bells has not furnished its annual return for the preceding financial year till the end of
November and will furnish it in the month of December of the current financial year.
Assume that there is no other outward or inward supply transaction apart from aforesaid
transactions, in the months of September, October and November. All the amounts given
above are exclusive of taxes, unless otherwise specified.
Based on the facts of the case scenario given above, choose the most appropriate answer to
Q. Nos. 1 to 5 below:-

Q
1. Determine the aggregate turnover of Bali Bells for the month of September.

F (a) ` 2,70,00,000
(b) ` 95,00,000
x
(c) ` 2,95,00,000
(d) ` 70,00,000

Anawer
(b) ` 95,00,000

2. Batra Ltd., a normal taxpayer, is winding up its business in Rajkot. The Tax Consultant of
Batra Ltd. has suggested that Batra Ltd. will have to file either the annual return or the

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final return at the time of voluntary cancellation of registration in the State of Rajkot.
Do you agree with the stand taken by Tax Consultant of Batra Ltd.? Offer your comments.
Ignore the aggregate turnover of Batra Ltd.

Anawer
No, the stand taken by Tax Consultant of Batra Ltd. is not correct.
Annual return is required to be filed by every registered person paying tax as a normal
taxpayer. Final return is filed by the registered persons who have applied for cancellation
of registration within three months of the date of cancellation or the date of cancellation
order.
In the given case, Batra Ltd., a registered person, is winding up its business and has
thus, applied for cancellation of registration. Therefore, it is required to file both annual
return and final return.

3. Mr. Shyam Nath, a registered person has caused movement of goods of consignment
value exceeding ` 50,000 in relation to a supply and thus, generated e-way bill. However,
after generation of e-way bill, he found a mistake in the e-way bill and wants to edit
it. You are required to advise Mr. Shyam Nath whether he can do so with the help of
relevant provisions

Anawer
If there is a mistake, incorrect or wrong entry in the e-way bill, then it cannot be edited
or corrected. Only option is cancellation of e-way bill within 24 hours of generation and
generate a new one with correct details.
Thus, in view of the above-mentioned provisions, Mr. Shyam Nath cannot edit the e-way
bill. However, he can cancel the e-way bill within 24 hours of generation and generate
a new one with correct details.

Question 2. (RTP May'23)

Manavtaa Trust is a charitable trust registered under section 12AB of the Income-tax Act,
1961. The trust is well known for its educational, charitable and religious activities. The trust
became liable to registration under GST in the current financial year since it exceeded the
threshold limit for registration and thus, got itself registered in the State of Gujarat in the
month of May.
In the month of June, a multinational company, Dhruvtara Ltd., gifted 500 laptops worth `
50 lakh to the trust free of cost for the charitable purposes, without any intention of seeking
any business promotion from the same. Manavtaa Trust distributed these laptops for free in
the same month to the needy students for facilitating them in their higher studies.
Manavtaa Trust owns a higher secondary school – Manavtaa Higher Secondary School - in
Gujarat. In the month of July, the trust availed security personnel services from ‘Perfect
Security Solutions’, Gujarat, a proprietorship concern, for security of the school premises for
a consideration of ` 2,00,000. It also received legal consultancy services from ‘Maya & Co.’ a
firm of advocates for the issues relating to the said school for ` 1,20,000, in the same month.
Manavtaa Trust furnished the following information regarding the expenses incurred by it in
the month of August; all transactions being inter-State:
Manavtaa Trust furnished the following information regarding the expenses incurred by it in
the month of August; all transactions being inter-State:
(i) Services received and used for supplying taxable outward supplies – ` 3,50,000.
(ii) Catering services received for students of Manavtaa Higher Secondary School
– ` 2,00,000.

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(iii) Buses purchased with seating capacity of 25 persons including driver – ` 10,50,000 (Buses
were delivered in the first week of September).

Manavtaa Trust provided the following information in respect of the services provided by it
during the month of August:
(i) It runs an old age home for senior citizens. Nominal monthly charges of ` 15,000 for a
boarding, lodging and maintenance are charged from each member. Total number of
members is 20.

a T
(ii) It rents out a community hall situated within the precincts of a temple managed by it
on 15th August for a religious function in first half for `5,000 and for an art exhibition in
second half for ` 6,000.
(iii) It rents out the rooms in the precincts of said temple to the devotees for a rent of ` 950
per room per day. Total rent collected in August amounts to ` 35,000. Ex
All the figures given above are exclusive of taxes wherever applicable. Aggregate turnover of
Manavtaa Trust for the preceding financial year was ` 15 lakh. All the conditions necessary
for availment of ITC are fulfilled subject to the information given. Manavtaa Trust intends to
avail exemption from GST wherever applicable.

Based on the information given above, choose the most appropriate answer to the following
questions-

1.
GST law?
(a) Free laptops distributed to the needy students an cat
Which of the following activities of Manavtaa Trust does not amount to supply under the

(b) Boarding, lodging and maintenance of the senior citizens by the old age home run
by the trust
(c) Renting of community hall situated within the precincts of the temple managed by
the trust
(d) Renting of rooms in the precincts of the temple managed by the trust

Anawer
(a) Free laptops distributed to the needy students

2. Mr. Prithviraj, registered under GST, is engaged in supplying services (as discussed in the

8 O
table below) in Maharashtra. He has furnished the following information with respect to
the services provided/ received by him, during the month of February:

S.No. Particulars Amunt (`)

(i) Carnatic music performance given by Mr. Prithviraj to promote 1,40,000
a brand of readymade garments (Intra-State transaction)
(ii) Outdoor catering services availed for a marketing event organised 50,000
for his prospective customers (Intra-State transaction)
(iii) Services of transportation of students provided to Subhaskar 1,00,000
College providing education as part of a curriculum for obtaining
a recognised qualification (Intra-State transaction) T
(iv) Legal services availed for official purpose from an advocate 1,75,000
located in Gujarat (Inter-State transaction)
Rong
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(v) Services provided to Wealth Bank as a business correspondent 2,00,000

with respect to accounts in a branch of the bank located in
FCM

Yod
urban area (Intra-State transaction)
(vi) Recovery agent’s services provided to a car dealer (Intra-State 15,000
transaction) For
(vii) General insurance taken on a car (seating capacity 5) used for 40,000
official purposes (Intra-State transaction)
HC X
Note:
(i) Rates of CGST, SGST and IGST are 9%, 9% and 18% respectively.
(ii) All inward and outward supplies are exclusive of taxes, wherever applicable.
(iii) All the conditions necessary for availing the ITC have been fulfilled.

00
(iv) The turnover of Mr. Prithviraj was ` 2.5 crore in the previous financial year.
Compute the net GST payable in cash, by Mr. Prithviraj for the month of February.

Anawer
Computation of GST payable

Particulars Value of CGST SGST@ IGST @

supply(`) @ 9% (`) 9% 18%
(`) (`)
GST payable under forward charge
Carnatic music performance given to promote 1,40,000 12,600 12,600 Nil
a brand of garments
[Carnatic music performance by Mr. Prithviraj
is not exempt from GST even though the
consideration charged does not exceed `
1,50,000 since said performance has been
made by him as a brand ambassador.]
Services of transportation of students 1,00,000 9,000 9,000 Nil
provided to Subhaskar College [Services of
transportation of students provided to an
educational institution other than institution
providing pre- school education up to higher
secondary school, are not exempt.]
Services provided to Wealth Bank as a 2,00,000 18,000 18,000 Nil
business correspondent
[Services by a business correspondent to
a banking company are not exempt when
such services are provided with respect to
accounts in its urban area branch.]
Services provided as a recovery agent 15,000 1,350 1,350 Nil
[Tax is payable under forward charge since
recovery services are being provided to a
person other than banking company/financial
institution/ non-banking financial company.]
Total GST payable under forward charge (A) 40,950 40,950 Nil

GST payable under reverse charge

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Legal services availed from an advocate 1,75,000 Nil Nil 31,500

[Legal services received by a business entity
with aggregate turnover in the preceding
financial year exceeding threshold limit for
registration (` 20 lakh) are not exempt and
tax on the same is payable under reverse
charge.]
Total GST payable under reverse charge (B) Nil Nil 31,500
Total GST payable [(A)+(B)] 40,950 40,950 31,500

Computation of total ITC available

Particulars Value of CGST SGST IGST @

supply @ 9% (`) @ 9% (`) 18% (`)
(`)
Outdoor catering services availed 50,000 Nil Nil Nil
[ITC on outdoor catering services is blocked
except when such services are (i) used
by the taxpayer who is in the same line of
business or (ii) provided by the employer to
its employees under a statutory obligation.]
Legal services availed 1,75,000 Nil Nil 31,500
[ITC is available as said services are used in
course or furtherance of business.]
General insurance taken on a car (seating 40,000 Nil Nil Nil
capacity 5) used for official purposes [ITC on
motor vehicles for transportation of persons
with seating capacity ≤ 13 persons (including
the driver) is blocked except when the same
are used for (i) making further taxable supply
of such motor vehicles (ii) making taxable
supply of transportation of passengers (iii)
making taxable supply of imparting training
on driving such motor vehicles. Further, ITC is
not allowed on services of general insurance
relating to such ineligible motor vehicles.]
Total ITC available Nil Nil 31,500

Computation of net GST payable in cash

Particulars CGST SGST IGST

@ 9% (`) @ 9% (`) @ 18% (`)
GST payable under forward charge 40,950 40,950 Nil
Less: ITC of IGST1 (15,750) (15,750) -
IGST IGST
25,200 25,200 Nil

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Add: GST payable under reverse charge in cash [Tax Nil Nil 31,500
payable under reverse charge, being not an output tax,
cannot be set off against ITC and thus,
will have to be paid in cash.]
Net GST payable in cash 25,200 25,200 31,500

Note: CGST and SGST is payable on the intra-State transaction and IGST is payable on
the inter-State transactions.

3. Determine whether GST is payable in each of the following independent transactions:

(i) Dhruv Developers sold a plot of land in Greater Noida after levelling, laying down
of drainage lines, water lines and electricity lines.
(ii) Deccan Shipping Pvt. Ltd., registered under GST in Andaman and Nicobar islands,
provided the passenger transportation services to the local residents in the ferries
owned by it from Neil Island to Havelock Island.

Anawer
(i) GST is not payable by Dhruv Developers on sale of plot of land . Circular No.
177/09/2022 GST dated 03.08.2022 clarifies applicability of GST on sale of land
after levelling, laying down of drainage lines etc. As per Para 5 of Schedule III
of the CGST Act, 2017, ‘sale of land’ is neither a supply of goods nor a supply of
services. Therefore, the sale of land does not attract GST. Land may be sold either
as it is or after some development such as levelling, laying down of drainage lines,
water lines, electricity lines, etc. It is clarified that sale of such developed land is
also sale of land and is covered by Para 5 of Schedule III and accordingly, does not
attract GST.
(ii) Transportation of passenger services provided by the private operator - Deccan
Shipping Pvt. Ltd. - are exempt from GST. Circular No. 177/09/2022 GST dated
03.08.2022 clarifies the applicability of GST on private ferry tickets. Transportation
of passengers by public transport, other than predominantly for tourism purpose, in
a vessel between places located in India is exempt from GST vide Notification No.
12/2017 CT (R) dated 28.06.2017. It is clarified that this exemption would apply
to tickets purchased for transportation from one point to another irrespective of
whether the ferry is owned or operated by a private sector enterprise or by a PSU/
Government.
It is further clarified that, the expression ‘public transport’ used in the said
exemption notification only means that the transport should be open to public.
It can be privately or publicly owned. Only exclusion is on transportation which is
predominantly for tourism, such as services which may combine with transportation,

we
sightseeing, food and beverages, music, accommodation such as in shikara, cruise
etc.

4. State the person liable to pay GST in the following independent services provided:
(i) Siddhi Builders, registered in Haryana, rented out 20 residential units owned by it
in Sanskriti Society to Rudra Technologies, an IT based firm registered in the State
of Haryana, for accommodation of its employees.
(ii) M/s. Purohit Consultants, a partnership firm registered in Delhi as a regular tax
payer, paid sponsorship fees of ` 70,000 at a seminar organized by a private NGO
(a partnership firm) in Delhi.

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Anawer
(i) Services provided by way of renting of residential dwelling for use as residence is
exempt from GST. However, where the residential dwelling is rented to a registered
person, said exemption is not available. Further, tax on service provided by way of
renting of residential dwelling to a registered person is payable by the recipient
under reverse charge.
Therefore, in the given case, Rudra Technologies is liable to pay GST on the
residential dwellings taken on rent by it from Siddhi Builders, under reverse charge
mechanism.
(ii) In case of services provided by any person by way of sponsorship to any body
corporate or partnership firm, GST is liable to be paid under reverse charge by such
body corporate or partnership firm located in the taxable territory.
Since in the given case, sponsorship services are being provided by the private
NGO to a partnership firm – M/s. Purohit Consultants, GST is payable by Purohit
Consultants on said services under reverse charge.

5. Briefly enumerate the contraventions which make a registered person liable to

cancellation of registration, as prescribed under rule 21 of the CGST Rules, 2017.

Anawer
Rule 21 of the CGST Rules, 2017 prescribes the contraventions which make a registered
person liable to cancellation of registration. As per said rule, the registration granted to
a person is liable to be cancelled, if the said person -
(a) does not conduct any business from the declared place of business.
(b) issues invoice/bill without supply of goods/services in violation of the provisions of
this Act, or the rules made thereunder.
(c) violates the provisions of section 171 of the CGST Act. Section 171 contains
provisions relating to anti-profeetering measure.
(d) violates the provision of rule 10A of the CGST Rules relating to furnishing of bank
account details.
(e) avails input tax credit in violation of the provisions of section 16 of the CGST Act
or the rules made thereunder.
(f) furnishes the details of outward supplies in Form GSTR-1 under section 37 of the
CGST Act for one or more tax periods which is in excess of the outward supplies
declared by him in his valid return under section 39 for the said tax periods.
(h) being a registered person required to file return under section 39(1) of the CGST
Act for each month or part thereof (i.e. monthly return filer), has not furnished
returns for a continuous period of 6 months.
(i) being a registered person required to file return under proviso to section 39(1) of
the CGST Act for each quarter or part thereof (i.e. quarterly return filer), has not
furnished returns for a continuous period of 2 tax periods.

6. State the order in which every taxable person discharges his tax and other dues under
GST law, as provided under section 49 of the CGST Act, 2017.

Anawer
Section 49 of the CGST Act, 2017 stipulates that every taxable person shall discharge his
tax and other dues under the GST law in the following order, namely:–
(a) self-assessed tax, and other dues related to returns of previous tax periods;

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(b) self-assessed tax, and other dues related to the return of the current tax period;
(c) any other amount payable under this Act or the rules made thereunder including
the demand determined under section 73 or section 74.

Question 3. (RTP Nov'22)

a
M/s. Delight Brothers, a partnership firm, is engaged in restaurant business. It is registered
V00 levy scheme under section 10(1) and 10(2) of the CGST Act, 2017 for
under the composition
the current financial year. It’s turnover in the State for the month of April was ` 12,00,000.
It received new orders in the month of May to run a mess facility for supplying food at:
i. Vishwas Public School, a higher secondary school;
ii. Knowledge Institute of Technology, an engineering college, approved by AICTE and UGC;
and
iii. Frontline Hospital
It also provided catering services to a Coral limited company for their Annual General Meeting.
Service was provided on 3rd July. But invoice was not issued by the firm to the company.

0
However, payment was received on 25th July for which bank account was credited on 28th
July. The turnover of restaurant business for the current financial year is
` 48,00,000.
From the inception of next financial year, M/s. Delight Brothers will close down the restaurant
business and will provide service of repairing of air conditioners.
M/s Delight Brothers undertakes intra-State transactions only.
Based on the information given above, choose the most appropriate answer for the following
questions-
121
1. Compute the tax liability of M/s. Delight Brothers for the month of April?
(a) CGST & SGST of ` 6,000 each
(b) CGST & SGST of ` 12,000 each
(c) CGST & SGST of ` 30,000 each
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(d) CGST & SGST of ` 60,000 each

Anawer
(c) CGST & SGST of ` 30,000 each

2. Neelkanth Pvt. Ltd., a registered supplier of goods and services at Kolkata has furnished

E S.
No.
Particulars
O
the following information for the month of February:

Amount (`)

O
(i) Intra-State supply of taxable goods including ` 1,00,000 received 4,00,000
as advance in January, the invoice for the entire sale value is
issued on 15th February
(ii) Purchase of goods from a composition dealer, registered in 5,50,000
Kolkata
(iii) Services provided by way of labour contracts for repairing a 1,00,000
single residential unit otherwise as a part of residential complex
(It is an intra-State transaction)
(iv) Membership of a availed for employees working in the factory (It 1,75,000
is an intra-State transaction)

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TAXKATEACHER - CA KARAN SHETH

Goods transport services received from a GTA. GST is payable

@12% (It is an inter-State transaction)
8879-727-727

2,00,000

(vi) Inter-State services provided by way of training in recreational 10,000

activities relating to sports
(vii) Inter-State security services provided to ABC higher secondary 15,000
school for their annual day function organised in Fintex Auditorium
outside the School campus
(vii) Inputs to be received in 4 lots, out of which 2nd lot was received 40,000
during the month
The company has following ITCs with it at the beginning of the tax period:

Particulars Amount (`)

CGST 57,000
SGST Nil
IGST 50,000
Note:
(i) Rates of CGST, SGST and IGST are 9%, 9% and 18% respectively.
(ii) Both inward and outward supplies are exclusive of taxes, wherever applicable.
(iii) All the conditions necessary for availing the ITC have been fulfilled.
(iv) The turnover of Neelkanth Pvt. Ltd. was ` 2.5 crore in the previous financial year.
Compute the minimum GST, payable in cash, by Neelkanth Pvt. Ltd. for the month of
February. Make suitable assumptions as required.

Anawer
Computation of GST payable on outward supplies

S. Particulars CGST SGST IGST Total

No. @ 9% (`) @ 9% (`) @ 18% (`)
(`)
(i) Intra-State supply of goods for 36,000 36,000 Nil 72,000
` 4,00,000 [Note-1]
(ii) Services rendered by way of labour 9,000 9,000 Nil 18,000
contracts for repairing a single residential
unit otherwise than as a part of residential
complex [Note-2]
(iii) Services provided by of training in recreational Nil Nil 1,800 1,800
activities relating to sports [Note-3]
(iv) Inter-State security services provided to ABC Nil Nil 2,700 2,700
higher secondary school for their annual day
function to be held in Fintex. [Note-4]
Total GST payable 45,000 45,000 4,500 94,500
Notes
1. As per Notification No. 66/2017 CT dated 15.11.2017, a registered person (excluding
composition supplier) has to pay GST on the outward supply of goods at the time of
supply as specified in section 12(2)(a) of the CGST Act, 2017, i.e. date of issue of invoice
or the last date on which invoice ought to have been issued in terms of section 31. Thus,
liability to pay tax on the advance received in January will also arise in the month of

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TAXKATEACHER - CA KARAN SHETH 8879-727-727
February, when the invoice for the supply is issued.
2. Services by way of pure labour contracts of construction, erection, commissioning, or
installation of original works pertaining to a single residential unit otherwise than as
a part of a residential complex are exempt vide Notification No. 12/2017 CT(R) dated
28.06.2017. Labour contracts for repairing are thus, taxable.
3. Services by way of training or coaching in recreational activities relating to sports is
exempt under GST vide Notification No. 12/2017 CT(R) dated 28.06.201, only if provided
by charitable entities registered under section 12AA of the Income-tax Act. Thus, in the
given case, said service is taxable.
4. Security services provided to ABC higher secondary School for Annual Day function
organised outside the school campus will be taxable as only the security services performed
within the premises of the higher secondary school are exempt vide Notification No.
12/2017 CT(R) dated 28.06.2017.

Computation of total ITC

Particulars CGST SGST IGST

@ 9% (`) @ 9% (`) @ 18% (`)
Opening ITC 57,000 Nil 50,000
Add: Purchase of goods from a composition dealer Nil Nil Nil
[No tax is payable on goods purchased under composition
scheme]
Add: Membership of a club [Blocked credit] Nil Nil Nil
Add: Goods transport services received from GTA Nil Nil 24,000
[As per Notification No. 13/2017 CT(R) dated 28.06.2017,
GST is payable by the recipient on reverse charge basis
on the receipt of services of transportation of goods by
road from a goods transport agency (GTA), provided GST
is not payable @ 12%. Since in the given case, services
have been received from a where GST is payable @ 12%
and recipient is one of the specified recipients, reverse
charge provisions will not be applicable. In this case,
input tax credit is available for the services received
from GTA.]
Add: Inputs to be received in 4 lots, out of which 2nd lot Nil Nil Nil
was received during the month [In case of goods received
in lots, ITC can be taken only upon receipt of the last lot]
Total ITC 57,000 Nil 74,000

Computation of minimum GST payable from electronic cash ledger

Particulars CGST SGST IGST Total

@ 9% (`) @ 9% (`) @ 18% (`) (`)
GST payable 45,000 45,000 4,500 94,500
Less: ITC [First ITC of IGST should be utilized (24,500) (45,000) (4,500) IGST 74,000
in full - first against IGST liability and then IGST IGST (1)
against CGST and SGST liabilities in a manner (3) (2)
to minimize cash outflow]

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(20,500) 20,500
CGST
Minimum GST payable in cash Nil Nil Nil Nil
Note: Since sufficient balance of ITC of CGST is available for paying CGST liability and cross
utilization of ITC of CGST and SGST is not allowed, ITC of IGST has first been used to pay SGST
(after paying IGST liability) and then CGST to minimize cash outflow.

8
3. “Aadhaar authentication is not required for persons who are already registered under
GST.” Examine and discuss the correctness of the statement. You are required to
elaborate the relevant legal provisions.

Anawer
The given statement is incorrect. Aadhaar authentication has been made mandatory for the
new registrants as well as for the existing registrants. With regard to existing registrants,
section 25(6A) of the CGST Act, 2017 stipulates that every registered person shall undergo
authentication, or furnish proof of possession of Aadhaar number, in the prescribed form,
manner and time. New rule 10B of the CGST Rules, 2017 prescribes the manner in which
aadhaar authentication needs to be done by a registered person.
A registered person, who has been issued a certificate of registration under GST, shall undergo
authentication of the Aadhaar number of:-
 Proprietor, in the case of proprietorship firm,
 Any partner, in the case of a partnership firm,
 Karta, in the case of a Hindu undivided family,
 Managing director or any whole-time director, in the case of a company,
 Any of the Members of the Managing Committee of an Association of persons or body of
individuals or a Society, or
 Trustee in the Board of Trustees, in the case of a Trust; and of the Authorized Signatory,
in order to be eligible for the following purposes:
 for filing of application for revocation of cancellation of registration [Rule 23]
 for filing of refund application in Form RFD-01 [Rule 89]
 for refund of the IGST paid on goods exported out of India [Rule 96]
First proviso to section 25(6A) of the CGST Act, 2017 provides that if an Aadhaar number is not
assigned to an existing registered person, such person shall be offered alternate and viable
means of identification in the prescribed manner. Such manner has been prescribed by rule
10B of the CGST Rules, 2017 as follows:
If Aadhaar number has not been assigned to the person required to undergo authentication
of the Aadhaar number, such person shall furnish the following identification documents,
namely: –
(a) his/ her Aadhaar Enrolment ID slip; and
(b) (i) Bank passbook with photograph; or
(ii) Voter identity card issued by the Election Commission of India; or
E
(iii) Passport; or
(iv) Driving license issued by the Licensing Authority
However, once Aadhaar number is allotted to such person, he shall undergo the authentication
of Aadhaar number within a period of 30 days of the allotment of the Aadhaar number.
The afore-said rule 10B shall not be applicable to persons notified under section 25(6D) of the
CGST Act, 2017, i.e. to persons exempt from aadhaar authentication.

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Question 4. (RTP May'22)
Vidhula Impex Ltd. is engaged in supplying sports goods. The company did not opt for
registration under GST. The proper officer under GST, based on enquiry, finds that the concern
is liable for registration and he registers the firm on temporary basis on 15th June, 2020.
After being granted the registration certificate, the company availed the following services
for the purpose of its business-
i. Renting of motor vehicles from Blue Taxi Pvt. Ltd. where GST was charged @ 12%.
ii. Appointed Mr. Rajesh as Technical Director for advisory role in business and the payment
was made based on the contract entered. However, he was not employee of the company.
During the course of its business, the company issued an invoice to a customer and erroneously
charged higher value by ` 34,000. Such invoice was issued on 28th February, 2021.
Further, in the month of February 2021, the company also generated an e-way bill for inter-
State transport of goods. However, immediately on generation of the e-way bill, the buyer
cancelled the order before it is dispatched from the factory for delivery.
In the month of March 2021, since the company was incurring heavy losses, it applied for
cancellation of GST registration on 15th March, 2021. The order for cancellation was made
on 30th March, 2021 effecting cancelling the registration with effect from 15th March, 2021.
From the information provided above, choose the most appropriate answer for the following
questions (1-5):

1. After the grant of temporary registration, Vidhula Impex Ltd. needs to apply for

8 registration within from the date of grant of temporary registration, if no

extension of period is to be granted for such temporary registration.
(a) 30 days
(b) 90 days

2502
(c) 7 days
(d) 15 days

Anawer:
(b) 90 days

2. Mr. Shambhu, a trader registered under GST in Delhi is engaged in wholesale business of
toys for kids. Mr. Nandi registered under GST in Patiala, a regular return filer supplies
toys in bulk to Mr. Shambhu for selling to end consumers.
Mr. Shambhu paying tax in regular scheme in Delhi, has not filed GSTR-3B for last 2
months. Mr. Nandi wants to generate e-way bill for toys amounting to ` 5,00,000 to be
supplied to Mr. Shambhu. Also Mr. Narayan from Jammu approached Mr. Shambhu for
purchasing toys amounting to ` 75,000 for the purpose of return gift on his son’s first
birthday party. Shambhu wants to generate an e-way bill in respect of an outward supply
of goods to Mr. Narayan.
Examine with reference to the provisions under GST law, whether Mr. Nandi and Mr.
Shambhu can generate e-way bill?

Anawer
Rule 138E of the CGST Rules, 2017 contains provisions pertaining to blocking of e-way
bill generation facility, i.e. disabling the generation of e-way bill.
A user will not be able to generate e-way bill for a GSTIN if the said GSTIN is not eligible
for e-way bill generation as per rule 138E.
Rule 138E as amended vide Notification No. 15/2021 CT dated 18.05.2021 provides that
blocking of GSTIN for e-way bill generation would only be for the defaulting supplier

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 TAXKATEACHER - CA KARAN SHETH 8879-727-727
GSTIN and not for the defaulting Recipient or Transporter GSTIN.
In terms of rule 138E, a person paying tax under regular scheme who has not furnished
the returns for a consecutive period of 2 tax periods is considered as a defaulting person.
Suspended GSTIN cannot generate e-way bill as supplier. However, the suspended GSTIN
can get the e-way bill generated as recipient or as transporter.
In other words, e-way bill generation facility is blocked only in respect of any outward
movement of goods of the registered person who is not eligible for e-way bill generation
as per rule 138E. E-way bills can be generated in respect of inward supplies of said
registered person.
Thus, applying the above provisions, there will be no restriction in generating e-way Bill
by Mr. Nandi as Mr. Nandi who is making outward movement of goods is a regular return
filer.
E-way bill generation is blocked in case of movement of goods made by Mr. Shambhu
to Mr. Narayan as it’s an outward movement of goods of Mr. Shambhu who has not filed
GSTR-3B for past 2 months.

3.

E
(a) Mr. Ayushman, a registered person having intra-State aggregate turnover of

o
` 1.2 crores in the preceding financial year did not file GSTR-3B for the month of
September, 2021 by 10th November, 2021. The amount of tax payable for the month of
September, 2021 is ` 8 lakh. All his supplies are intra-State supplies. Is there any late
fee payable for the same? If yes, what is the amount of late fee payable?
(b) Will your answer be different in (a), if Mr. Ayushman has intra-State aggregate turnover
of ` 5 crores in the preceding financial year?
(c) Will your answer be different in (a), if total amount of tax payable in the GSTR-3B for
the month of September is Nil?

Anawer:
(i) As per section 47 of the CGST Act, 2017 read with Notification No 19/2021 CT dated
01.06.2021, the registered persons whose aggregate turnover is ≤ ` 1.5 crores in the
preceding FY, and who fails to furnish the returns required under section 39 by the due
date shall pay a late fee of ` 2,000 (` 1,000 each under CGST & SGST).
Thus, late fee is payable in the given case and the amount of late fee payable is
` 2,000 (` 1,000 each under CGST & SGST).
(ii) As per section 47 of the CGST Act, 2017 read with Notification No 19/2021 CT dated
01.06.2021, the registered persons whose aggregate turnover is more than
` 1.5 crores but less than equal to ` 5 crores in the preceding FY, and who fails to furnish
the returns required under section 39 by the due date shall pay a late fee of
` 5,000 (` 2,500 each under CGST & SGST).
Thus, late fee is payable in the given case and the amount of late fee payable is
` 5,000 (` 2,500 each under CGST & SGST).
(iii) As per section 47 of the CGST Act, 2017 read with Notification No 19/2021 CT dated
01.06.2021, any registered person whose total amount of tax payable in the GSTR-3B is
Nil and who fails to furnish the returns required under section 39 by the due date shall
pay a late fee of ` 500 (` 250 each under CGST & SGST).
Thus, late fee is leviable even if total amount of tax payable in the GSTR-3B for the
month of September is Nil. The amount of late fee would be ` 500 (` 250 each under
CGST & SGST).

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 TAXKATEACHER - CA KARAN SHETH 8879-727-727

E
4. Mr. X of Haryana intends to start business of supply of building material to various
construction sites in Haryana. He has taken voluntary registration under GST in the
month of April. However, he has not commenced the business till December due to lack
of working capital. The proper officer suo-motu cancelled the registration of Mr. X. You
are required to examine whether the action taken by proper officer is valid in law?

Q
Mr. X has applied for revocation of cancellation of registration after 40 days from the
date of service of the order of cancellation of registration. Department contends that
application for revocation of cancellation of registration can only be made within 30
days from the date of service of the order of cancellation of registration. However, Mr.
X contends that the period of submission of application may be extended on sufficient
grounds being shown. You are required to comment upon the validity of contentions
raised by Department and Mr. X.

Anawer
As per section 29 of the CGST Act, 2017, the proper officer may cancel the registration
of a person from such date, including any retrospective date, as he may deem fit,
where,-
(a) a registered person has contravened such provisions of the Act or the rules made
thereunder as may be prescribed; or
(b) a person paying tax under composition scheme has not furnished returns for three
consecutive tax periods; or
(c) any registered person, other than a person specified in clause (b), has not furnished
returns for a continuous period of six months; or
(d) any person who has taken voluntary registration under sub-section (3) of section 25
has not commenced business within six months from the date of registration; or
(e) registration has been obtained by means of fraud, wilful misstatement, or
suppression of facts:
Thus, in view of the above-mentioned provisions, suo-motu cancellation of registration
of Mr. X by proper officer is valid in law since Mr. X, a voluntarily registered person, has
not commenced his business within 6 months from the date of registration.
Further, where the registration of a person is cancelled suo-motu by the proper officer,
such registered person may apply for revocation of the cancellation to such proper officer,
within 30 days from the date of service of the order of cancellation of registration.
However, the said period of 30 days may, on sufficient cause being shown and for reasons
to beErecorded in writing, be extended for a period not exceeding 30 days by Additional/
Joint Commissioner and by further period not exceeding 30 days by Commissioner.
Thus, considering the above provisions, the contention of Department is not valid in law
as extension can be sought in the prescribed time limit for revocation of cancellation of
registration. The contention raised by Mr. X is valid in law as extension in time limit is
allowed on sufficient cause being shown and for reasons to be recorded in writing.

E
5. Gita Services Limited, registered under GST, is engaged in providing various services
to Government. The company provides the following information in respect of services
provided during the month of April:

S.No. Description of Services provided

(i) Supply of manpower for cleanliness of roads not involving any supply of
goods.
24391W_
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 TAXKATEACHER - CA KARAN SHETH 8879-727-727

(ii) Service provided by Fair Price Shops owned by Gita Services Limited by way
of sale of sugar under Public Distribution System against consideration in
the form of commission. Ex
(iii) Service of maintenance of street lights in a Municipal area involving
replacement of defunct lights and other spares alongwith maintenance.
É

o
Generally replacement of defunct lights and other spares constitutes 35%
of the supply of service.
(iv) Service of brochure distribution provided under a training programme for

o
which 70% of the total expenditure is borne by the Government.
Comment on the taxability or otherwise of the above transactions under GST law. Also

0
state the correct legal provisions for the same.

Anawer

S. No. Particulars
3 Taxability
(i) Supply of manpower for cleanliness of roads not involving any Exempt
supply of goods.
[Pure services provided to Government are exempt.]
(ii) Service provided by Fair Price Shops by way of sale of sugar under Exempt
Public Distribution System
[Service provided by Fair Price Shops to Government by way of sale
of sugar under Public Distribution System against consideration in
the form of commission is exempt.]
(iii) Service of maintenance of street lights in a Municipal area Taxable
involving replacement of defunct lights and other spares
constituting 35% of the supply of service.
[Composite supply of goods and services to Government in which
the value of supply of goods constitutes not more than 25% of the
value of the said composite supply is exempt. Since, in this case
value of supply of goods constitutes 35%
(iv) Service of brochure distribution provided under a training
programme.
[Services provided to the Government under any training programme
for which 75% or more of the total expenditure is borne by the
Government is exempt. Since in the given case, 70% of the total
expenditure is borne by the Government, it is taxable.]

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