Question 1

Is GST charged before or after the discount shown on my invoice?

Accepted Answer

Discounts given before or at the time of supply and recorded on the face of the invoice are excluded from the value of supply under Section 15(3)(a). You therefore charge GST on the net amount after discount. For example, a Rs.10,000 item with a 10 percent trade discount shown on the invoice is taxed on Rs.9,000. The condition is documentation: the discount must appear on the invoice itself. Informal reductions settled outside the bill do not reduce taxable value. Retail schemes such as festival discounts and trade margins should always be structured to print on the invoice.

Question 2

What is the default place of supply rule for services within India?

Accepted Answer

Section 12(2) of the IGST Act sets the general rule for domestic services: if the recipient is registered, the place of supply is the recipient's location; if unregistered, it is the recipient's address on your records, and failing that, the supplier's own location. So a consultant in Thoraipakkam advising a registered company in Hyderabad charges IGST, while the same advice to a local walk-in individual attracts CGST plus SGST. This default yields only to the specific rules for immovable property, events, transportation, and a few other categories, so always check whether a specific rule captures your service before falling back on the general one.

Question 3

The GST rate on my product changed. Which rate applies to pending orders and invoices?

Accepted Answer

Section 14 of the CGST Act decides this by looking at three events: the date of supply, the date of invoice and the date of payment. Broadly, if any two of the three events fall after the rate change, the new rate applies; if two fall before, the old rate applies. So goods delivered in Thoraipakkam before 22 September 2025 but invoiced and paid for afterwards attract the new rate, while goods delivered and invoiced earlier keep the old rate even if payment came later. Document dates carefully during any transition window, because officers test these invoices in scrutiny.

Question 4

What GST rate applies to a goods transport agency: 5 percent or 18 percent?

Accepted Answer

Both exist, depending on the option exercised. The default position is 5 percent payable by the specified recipient under reverse charge, with no input tax credit to the GTA. Alternatively, a GTA may opt to pay tax itself under forward charge, either at 5 percent without input tax credit or at the higher rate with full credit, which was revised from 12 percent to 18 percent with effect from 22 September 2025. The with-credit option suits transporters with large spends on vehicles and tyres. Once the forward charge option is exercised for a year, it applies to all consignments of that year.

Question 5

Our company paid fees to a lawyer. Who pays the GST on this?

Accepted Answer

You do, as the recipient. Legal services supplied by an individual advocate, a firm of advocates or a senior advocate to a business entity are notified under Section 9(3), so the advocate does not charge GST and your business pays 18 percent under reverse charge in cash through GSTR-3B, claiming it back as ITC if otherwise eligible. Relief exists for small recipients: legal services to a business entity whose turnover is within the registration threshold are exempt. Since the advocate is usually unregistered, remember to raise a self-invoice and payment voucher for the transaction. Litigation-heavy businesses in Thoraipakkam should reconcile their legal expense ledger against RCM paid every quarter.

Question 6

I declare income under Section 44ADA. Does that mean I am exempt from GST?

Accepted Answer

No, this is a common myth. Section 44ADA is a presumptive taxation scheme under the Income Tax Act that lets professionals declare fifty percent of gross receipts as income; it has nothing to do with GST. GST liability depends solely on aggregate turnover crossing the registration threshold and the nature of your supplies. In fact, the two departments now cross-match data, so gross receipts reported in your ITR and Form 26AS that exceed the GST turnover you declared are a known trigger for notices. Treat the two laws as parallel obligations, each with its own limits and filings.

Question 7

How is GST charged on clothes and footwear after the rate change?

Accepted Answer

The rate now turns on a per-piece price line of Rs.2,500. Apparel, made-up textile articles and footwear with a sale value up to Rs.2,500 per piece attract 5 percent GST, while pieces priced above Rs.2,500 attract 18 percent. The test applies item by item, so a single invoice from a garment shop in Thoraipakkam can carry both rates: a Rs.1,800 shirt at 5 percent and a Rs.4,000 pair of shoes at 18 percent on the same bill. Configure the billing software to test the price of each line item automatically rather than applying one blanket rate.

Question 8

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 9

What is the place of supply for freight and courier charges on goods?

Accepted Answer

For transportation of goods, including by courier, Section 12(8) fixes the place of supply as the location of the recipient where the recipient is registered. Where the recipient is unregistered, it is the location where the goods are handed over for transportation. So a registered Thoraipakkam manufacturer paying a transporter for a Chennai-to-Delhi movement has Tamil Nadu as the place of supply, and the RCM liability is paid as CGST plus SGST if the transporter is also in Tamil Nadu. This rule matters chiefly for paying reverse charge on GTA freight under the correct heads, because paying IGST where CGST and SGST were due creates a refund-and-repay exercise later.

Question 10

Is a pure labour contract for building a house exempt from GST?

Accepted Answer

Two exemptions exist for pure labour contracts, meaning contracts where the contractor supplies only labour and the owner buys all materials. First, construction, erection or installation of original works pertaining to a single residential unit, otherwise than as part of a residential complex, is exempt. Second, pure labour services under the Pradhan Mantri Awas Yojana for beneficiary-led individual house construction are exempt. Outside these, labour contracts are taxable at 18 percent. A mason team building one independent house in Thoraipakkam on labour-only terms therefore charges no GST, but the same team working on an apartment project must.

Question 11

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 12

When can goods move on a delivery challan instead of a tax invoice?

Accepted Answer

Rule 55 permits movement on a delivery challan where the transportation is not itself a supply: sending inputs or capital goods for job work, taking goods to an exhibition or for approval where the sale is not yet certain, supplying liquid gas where the quantity is unknown at removal, and moving goods in semi-knocked-down form in multiple consignments, where the full invoice travels with the first lot. The challan is prepared in triplicate and an e-way bill is still required where value thresholds are crossed. Goods sent on approval must be invoiced within six months, failing which tax becomes payable.

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