Q 1: Whether the job worker (who converts barley into
Malt) has to charge GST from the Principal only on
the Job Work charges or full value of goods, i.e.
(Value of Raw Material + Job Work Charges)?
Ans: The job worker has to pay GST on job work
charges only.
Q 2: In case of job workers not operating under
Notification 214/86-CE (i.e. registered under excise
at present), whether they can carry forward the
credit availed on RM/PM supplied to them by the
principal manufacturer? Also is there any
restriction on carry forward of the credit on input
services distributed to them by the principal as ISD
under Rule 7 of the Credit Rules and remaining
unutilized on the day of GST implementation?
Ans: The credit on RM/PM supplied by the
principal manufacturer can be availed by
the manufacturer rather than the job
worker. Section 141 of CGST Act, 2017
refers.
Further if job worker is registered under
existing law, Cenvat Credit in respect of
input services received from ISD as shown in
return can be carried forward.
Q 3: We currently transport material on delivery challan
and make a single bill at the end of the month. Can
the same be done under GST?
Ans: If on every instance you are making
a supply then an invoice needs to
be issued. For any other movement
of goods other than supply (as
specified in Rule 55 of CGST Rules,
2017), a delivery challan may be
issued.
Q 4: Will service charge, as charged by some restaurants,
be treated as consideration for a supply and hence
considered liable for tax?
Ans: There is no distinction between
goods or services under GST.
Service charge like any other supply
will be leviable to GST. It is also
clarified that service charge is not a
statutory levy. It is not levied by the
Government.
Q 5: What to do with stock lying with me on 1.07.2017.
Do I need to charge GST?
Ans: Yes, you need to charge GST but
you can use transition credit, if
available on the said goods.
Q 6: I am a small manufacturer who supplies cycle parts to
two manufacturing units in the same area. For every
supply, I generate an invoice and take 500 Rs. flat for
cartage and loading charges. What tax rate to be
charged on the cartage and loading expenses?
Ans: This will be a composite supply
where the principal supply (the
goods) cannot be supplied without
the cartage / unloading /
transportation expenses. Therefore,
the GST rate applicable will be the
same as that of the principal supply,
i.e, cycle parts, as provided under
Section 8 of the CGST Act, 2017.
Q 7: I run a restaurant where I serve alcohol and provide
food etc. How do I generate my invoices. What will
attract GST and what will attract VAT?
Ans: Since, you are providing both
taxable and non-taxable supply. You
will charge VAT on the non-taxable
supply (which is alcohol for human
consumption) and GST on all other
taxable supplies.
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