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Question & Answer


P

Pulkit Shukla

22 Dec 2017

Hi,
I have been trading in cryptocurrencies like Bitcoin, Ethereum, etc on foreign exchanges. I read it somewhere this is a violation of FEMA Act, is it true?

Replies (2)                          

CA Rahul Khatuwala       15 Jan 2018

Can be true cannot be true!

As of now even the government is not clear. They have to first decide what is cryptocurrency's: whether it is a currency or an investment or will be treated as goods/services.

For example: if it is treated as investment then person dealing in that has to pay capital gain tax. if it is treated as goods/services then have to pay GST

In your case: Trading in foreign exchange: if they say yes it is a currency then it will be violation of FEMA

To conclude: Let the government decide the nature of transaction, only then the violation of law can be decided. Also till date there is direct law on cryptocurrencies in India.

CA Rahul Khatuwala       15 Jan 2018

*no direct law on cryptocurrencies in India.

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M

Mohit Bisht

1 Dec 2017

We operate an online information portal. We use services of Digital Ocean (web hosting company in USA). Also, we earn using the advertisements on our website. Now, we’ve to pay the GST (under reverse charge mechanism) for DigitalOcean. Also, we’ve to pay the GST from advertisers. Here are the details of the same:- 1. We paid $10 to Digitalocean. Now we need to pay 18% GST to government under reverse charge mechanism. 2. We earned Rs 5900 [Rs 5,000 + Rs 900 (18% GST)] from our advertiser. Now, I want to know:- 1. Can I avail input tax credit? 2. How to calculate the GST? How much GST is to be paid considering our current values? 3. How I need to pay it? Which GST form is to be filled?

Replies (3)                          

CA Yash Jain       1 Dec 2017

1.Reverse charge paid on import of services can be utilized as input credit, hence first you need to pay gst then you can claim credit.
2.GST has to be calculated on the assessable value according to Section 15
3.Amount has to be paid trough the common portal
4.GST Form to be filled depends on type of registration the entity has taken (Most probably, you would be covered under regular) and you would be required to file GSTR-3B & GSTR-1

MohitBisht    1 Dec 2017

Can you please tell the calculation of GST considering the current values.

CA Yash Jain       2 Dec 2017

Calculation & Assessment would be done and we would be charging our consultation

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C

Chaitanya Sathe

28 Nov 2017

I am buying a flat which is 5 years old from a person who stays in USA from last 10 years. I want to ask is TDS applicable in this case? if yes then to whom it is applicable buyer or seller? how much percent it is applicable?

Replies (1)                          

CA Yash Jain       1 Dec 2017

TDS is to be Deducted under Section 195
There is no threshold limit in case the seller is NRI.
TDS RATE DEPENDS ON TYPE OF GAINS OF NRI,
NRI IS REQUIRED TO OBTAIN CERTIFICATE FROM INCOME TAX OFFICER TO ENSURE TDS IS DEDUCTED ONLY ON GAINS,ELSE THE BUYER IS REQUIRED TO DEDUCT ON FULL SALE VALUE.

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S

Sagar Mishra

17 Nov 2017

What is the maximum limit of outgoing and incoming transaction , by an Indian resident to a foreign ewallet like Entropay, Neteller, etc.?

No Reply  


V

Vijay Nirmal

15 Nov 2017

My father was establish Pvt Ltd firm in 1984 ,stop work in1996 due to financial problem,bill amount pending about 6cr.(prin+int) rupees counter claim against wrd Maharashtra there two claim ,one arbitration award given only 26 lakhs,put matter in court in 2010 another claim about 1.5 Cr rupees matter put in arbitration, and also want put matter of pwd Maharashtra in arbitration but my father was death so I can not managed such big thinks so I want person who buy firm by retire other partner.so the firm 2 partner one is sleeping partner so please advice me

Replies (1)                          

CA Akash Agarwal       12 Feb 2018

Please re frame your question, Not able to understand !

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