Question 1

How is interest calculated on a GST demand or late payment?

Accepted Answer

Interest runs at 18 percent per annum under Section 50 on tax paid after the due date, computed day-wise from the day following the due date until payment. Following amendments, interest on delayed GSTR-3B liability applies on the portion paid through the electronic cash ledger, and interest on wrongly availed ITC arises where the credit has been both availed and utilised. Interest is payable even where no penalty applies, and it cannot be waived by the officer. Because interest compounds silently over long disputes, paying the admitted tax early through DRC-03, even while contesting the rest, often saves a substantial amount.

Question 2

Why is there GST on an under-construction flat but not on a ready-to-move one?

Accepted Answer

Construction of an apartment intended for sale is a supply of service only when any part of the consideration is received before the completion certificate is issued or before first occupation. Such under-construction sales attract 1 percent for affordable residential apartments and 5 percent for other residential apartments, both without input tax credit to the builder. Once the completion certificate is issued, sale of the building is neither a supply of goods nor of services under Schedule III, so a ready-to-move flat carries no GST at all, only stamp duty and registration charges. Timing of booking therefore changes the buyer's cost materially.

Question 3

We pay for foreign software subscriptions and overseas consultants. Is GST payable in India?

Accepted Answer

Yes. Import of services, meaning services from a supplier located outside India received by a person in India for business, attracts IGST under reverse charge in the recipient's hands, payable in cash and claimable as ITC if eligible. This catches cloud software, foreign professional fees, overseas advertising and licence fees. Two nuances matter: services from a related foreign party, such as your parent company, are taxable even without consideration under Schedule I, and OIDAR services supplied to unregistered consumers are taxed in the foreign supplier's own hands, not under RCM. Startups and IT firms in Nandambakkam paying by card frequently miss these entries; reconcile foreign remittances against RCM paid annually.

Question 4

We conduct training programmes and events in different cities. Which state's GST applies?

Accepted Answer

Two rules operate. For admission to an event, including tickets to exhibitions or conferences, the place of supply is where the event is held. For organising an event or providing training, the place of supply is the registered recipient's location when the client is registered; if the client is unregistered, it shifts to the venue where the event or training is actually performed. So a Nandambakkam trainer running a workshop in Hyderabad for a registered Chennai company charges CGST plus SGST of Tamil Nadu, but the same workshop sold to unregistered individuals is taxed in Telangana. Invoice each engagement after checking the client's registration.

Question 5

Should I claim a refund of my accumulated ITC or just carry it forward?

Accepted Answer

Carry-forward suits businesses whose future output tax will absorb the credit within a few months, since it avoids refund paperwork. A refund makes sense when the credit keeps growing and will never be absorbed, which is typical for exporters under LUT and businesses with inverted duty structure, because idle credit is interest-free money locked with the government. Remember that refunds are only available in categories permitted by Section 54; ordinary accumulated credit from slow sales cannot be refunded. A quick review of your credit ledger trend over six months usually makes the right answer obvious.

Question 6

Does compensation cess still apply on any goods?

Accepted Answer

For most goods, no. With the rate restructuring of 22 September 2025, compensation cess was discontinued on items such as cars, and the demerit burden was merged into the single 40 percent rate. The cess continues only on pan masala and specified tobacco products during the transition period while past compensation cess loan obligations are being discharged. A practical point for traders: balances of unutilised compensation cess credit cannot be cross-utilised against CGST, SGST or IGST liability, so businesses holding old cess credit should evaluate their position rather than assuming it will set off future tax.

Question 7

Are any goods exempt from GST when transported by a GTA?

Accepted Answer

Yes. Transport by a GTA of agricultural produce, milk, salt and foodgrains including flours and pulses, organic manure, newspapers and magazines registered with the Registrar of Newspapers, relief materials for victims of calamities, and defence or military equipment is exempt regardless of freight value. Note that the older exemptions for small consignments, Rs.1,500 for a full truckload and Rs.750 for a single consignee, were withdrawn with effect from 18 July 2022, so ordinary cargo enjoys no value-based relief now. Transporters serving agricultural markets should describe the produce accurately on the consignment note to support the exemption.

Question 8

What GST do hotels charge on room tariffs after the 2025 rate changes?

Accepted Answer

From 22 September 2025, hotel accommodation with a value of supply up to Rs.7,500 per unit per day attracts 5 percent GST without input tax credit, and accommodation above Rs.7,500 attracts 18 percent with input tax credit. The earlier 12 percent slab for mid-range rooms was abolished in the rate rationalisation. Tax applies on the actual transaction value charged, so a discounted rate below Rs.7,500 falls in the 5 percent bracket even if the printed tariff is higher. Hotels should reconfigure billing software slab-wise and watch the ITC restriction on the 5 percent category, which changes costing materially.

Question 9

Which food items became completely tax-free under GST 2.0?

Accepted Answer

From 22 September 2025, UHT milk, pre-packaged and labelled paneer and chena, and all Indian breads including roti, chapati, paratha and khakhra attract nil GST. In the pharma space, thirty-three notified lifesaving drugs and medicines for cancer and rare diseases also moved to nil rate. Remember that selling nil-rated goods still has compliance effects: you issue a bill of supply instead of a tax invoice for such items, and input tax credit attributable to nil-rated supplies must be reversed proportionately under Rules 42 and 43. Grocery retailers in Nandambakkam commonly need help splitting mixed billing correctly.

Question 10

What documents must I prepare for reverse charge purchases from unregistered suppliers?

Accepted Answer

Two documents are required. First, a self-invoice: Section 31(3)(f) obliges you to issue an invoice on yourself for goods or services received from an unregistered supplier on which you pay tax under reverse charge, and under Rule 47A this self-invoice must be issued within thirty days of receiving the supply. Second, a payment voucher under Rule 52 at the time of making payment to the supplier. The self-invoice is the document on which you claim the input tax credit of the reverse charge tax paid. Freight from unregistered transporters and advocate fees are typical cases where businesses miss this paperwork.

Question 11

Is GST payable under reverse charge on payments made to our company directors?

Accepted Answer

It depends on the capacity in which the director is paid. CBIC Circular 140/10/2020 settles the position: remuneration to a whole-time or executive director who is an employee, paid as salary with TDS under Section 192, is outside GST entirely as an employer-employee transaction. In contrast, sitting fees, commission and professional charges paid to independent or non-executive directors, typically suffering TDS under Section 194J, are taxable and the company pays 18 percent under reverse charge, claiming ITC. Companies in Nandambakkam should split their director payments ledger accordingly, issue self-invoices for the RCM portion, and keep board resolutions and TDS treatment consistent as supporting evidence.

Question 12

How is the place of supply decided when I sell goods?

Accepted Answer

Section 10 of the IGST Act gives the tests. Where the sale involves movement of goods, the place of supply is the location where the movement terminates for delivery to the recipient, whoever arranges the transport. Where there is no movement, it is the location of the goods at the time of delivery, which covers over-the-counter sales and sales of installed machinery in place. Where goods are assembled or installed at site, the place of supply is the site of installation. Getting this right decides whether you charge CGST plus SGST or IGST, and a Nandambakkam seller delivering to a Bengaluru buyer charges IGST because delivery terminates in Karnataka.

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Recent GST Law You Should Know — relevant to Nandambakkam businesses

Cloud kitchens taxed as restaurants, ice cream parlours are not

Ladies hostel run from rented premises, with food, held taxable

Under-construction housing cut to 5 per cent, affordable housing to 1 per cent, both without input credit

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