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Question & Answer


C

Chirag R

22 Aug 2017

I am planning to start a B2C e-commerce business in India by importing mobile accessories from China. The exporter of goods, Chinese national, is also the 100% investor, i.e by providing the goods without charging for it. After sales in B2C I have to remit outwards to Chinese. Is this inventory based model of e-com allowed ? Ministry of Commerce, Press Note No 3, 2016 says NO. Kindly advise.

Replies (1)                          

CA Rahul Khatuwala       24 Aug 2017

This is not allowed as per the FDI guidelines on ecommerce, Its allowed in marketplace model.

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R

Ravi Mittal

22 Aug 2017

We have a merchant account with Apple/iOS. When someone makes payment on our app in iPhone/iPad, the payment is collected by Apple and then after deducting tax and their commission, they pay the rest of the amount to us.

However, now under GST, Apple is refusing to take our GST no. and have said that all GST payments will be done from their end only. Example, customer pays Rs. 1000 via credit card to Apple. Rs. 152 is deducted as GST and remaining Rs. 848 will be paid to us. So, Apple will pay this Rs. 152 to Indian govt. but will not include our GST no. when paying this.

Doing so, this is a confusion for us since we cannot directly claim that the GST has been paid by Apple and Govt would want us to pay GST on Rs. 1000, resulting in Rs. 152 additional payment, if required by govt to pay.

Also, there are only basic statements available from Apple which only show how much amount they will pay us. There is no mention of GST/TAX deduction anywhere.

How can we ensure that we dont pay GST again when it was already deducted by Apple? Is there a provision under reverse mechanism for such transaction? If yes, please explain how to treat these transactions/sales?

Replies (1)                          

CA Rahul Khatuwala       24 Aug 2017

If an e-commerce operator supplies services then reverse charge will be applicable to the e-commerce operator. He will be liable to pay GST.

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T

Test Channel

18 Aug 2017

I conduct private tutions. I do not sell any goods or service online. But I collect tution fees online through INSTAMOJO, as I do not want to disclose my bank details to every client. Do I need to pay GST on this amount collected? Or Is it suffice to pay income tax?

Replies (1)                          

CA Akash Agarwal       24 Aug 2017

Fees paid to schools and colleges are exempt from GST however fees paid to coaching insttitutes or private tutions are chargeable to GST.
If your total tution fees in an year is more than 20 Lakhs you will have to charge and collect GSt and pay it.
Income tax and GST are different taxes with no relation to each other.

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R

Rilwan Ahmed

15 Jul 2017

My monthly salary 50k. My cousin uses MY credit card for more than ₹1lac/month repeatedly. Does it affect me in my case like Income tax etc?

Replies (1)                          

CA Akash Agarwal       24 Aug 2017

If your monthly salary is 50 K and you spend 1 lakh from your card, you will have to show the additional 50 K as income in your IT returns and pay taxes on that.

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A

Abhishek Panda

9 Jul 2017

Hi, My father suffered a hearing disability in both his ears last year and was unable to hear at all. I paid for his cochlear implant surgery. Can I claim my expenses as deductions from my income tax under Section 80 DD capped at 125,000 for treatment of individual with severe disability? Thanks.

Replies (1)                          

CA Akash Agarwal       24 Aug 2017

Claim: If your father is dependent on you then you can claim these expenses u/s 80DD for your IT return.
Severe disability: Hearing impairement is allowed to be claimed, you may opt to take a diability certificate from government certified medical practitioner to aviod any confusions later.

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