GST - Plight of SME

We are a small service provider In EPC space in India. After GST, payments from suppliers have come to zero. Everyone wants their contracts redone. Some are also taking the opportunity to cancel the contracts mid way giving reason as change of financial amounts (though they are due to GST)

If this goes for a couple of months we will have working capital issues.

Is there any provision in GST rules where contract cancellation is not permitted under the excuse of gst.

You might feel this is not an issue if you havent faced itbut those who are facing it, its a big deal.

Await guidance on how to go about it and any provisions that may be there. more  

View all 12 comments Below 12 comments
If the contracts are "plus taxes" or "taxes extra", then the need for changing contract terms is lesser. If the prices agreed in contract are inclusive of taxes then amendments will be necessary for changes in such prices. I think the demand for changes in contract irrespective of whether it "plus taxes" or "taxes extra" or not, is for reasons other than applicability of GST rules as taxes and has more to do with the effect of efforts to capture into the system the whole chain of transactions, without any exclusions. more  
one can ask for a contract to be redone only for the cause of change in taxation. and nothing wrong in this. you need to calculate the impact of gst and redo the contract. this is obvious. in case of cancellation of contract midway you can very well go to the terms of your contract and raise your voice against cancellation and apply the compensation clause if any designed in the contract. more  
Customer Non Compliant / Non Registered - Vendor Compliant - Customer does not want to bear the additional cost of service due to GST. Not Likely to be resolved unless Customer takes up Registration and can avail credit for GST Paid. As a GST Compliant vendor, you're constrained to build relationships with compliant customers. more  
GST for name sake-- TAX collected anywhere has to be paid. Contract is business deal and tax accounting is separate. Pay the due tax and cancel or keep moving with the existing contact for that is an individual/business interest. Pay the due tax and do your business your way.Fine. more  
Customer Compliant - Vendor Non Compliant or Non Registered - Customer does not want to take onus of Reverse Charge Mechanism administration - specifically Vendor has been charging without Service Tax on grounds of being less than applicable revenue limit - as such, the cost of his service has increased due to GST. This is an issue for the Customer as he is not sure of being able to avail Credit / Refund of the Service Tax he has paid under the Reverse Charge Mechanism. Likely to be resolved once the initial Returns are filed and Credit / Refund availed. more  
The Right to Terminate any contract is an in-alienable right subject to the terms of the Contract, and no reason needs to be specified for such termination, subject to due notice ... That said, under the GST regime, a customer would terminate for one of 2 reasons, each of which I will address seperately - Customer Compliant - Vendor Non Compliant / Customer Non Compliant - Vendor Compliant If both Customer and Vendor are either Non Compliant or Compliant, there is no reason to terminate. more  
Anything involving tax cannot just be cancelled without paying the tax part. There can be a cancellation in the intial stage but never in between when the tax figure played its part and somethng collected has to be paid to Govt. more  
Post a Comment

Related Posts

    • Illogical

      Car is a fixed asset , it depreciates. If you sell a used car either you make profit or loss. Hence it should be subject LTCG/STCG tax only if you make profit. How is selling a used car misco...

      By Amit Mishra
      /
    • GST popcorn indicative of bigger issue

      The GST hair splitting over Popcorn is but a symbol of how theGovt has spectacularly failed in taming the bureaucracy. In 2014 when this Govt came to power they promised to make simpler laws. And t...

      By Ruchika L Maheshwari
      /
    • GST rules are stupid

      GST rules are most stupid. See how GST varies for chocolate cake based on where you order it from. This government has made a mess out of GST.

      By Ruchika L Maheshwari
      /
    • Get this guys

      Govt consdiering: Recommendations to increase GST on Tobacco and Tobacco products to 35% from 28% Aerated Beverages GST also expected to rise to 35% Govt may consid...

      By Sudesh Rai
      /
    • Corruption in GST

      GST office dont make any gate pass , no security checks . Is this to facilitate people to walk in with cash and gifts for officials. What happens if terrorist gets in .

      By Rajeev Bhargava
      /
    • Taxation is hell

      Indian taxation is truly hell, the average Indian gets paid 20x less than average westerner but pays 10x more for essentials like laptops while 50x for cars. This is literally butchering the middle...

      By Naina Mittal
      /
    • Corruption in gst

      According to my husband, Corruption in GST starts from registration itself now. Getting told it's impossible to get it done in Delhi without a bribe. You get a query for more docs with t...

      By Naina Mittal
      /
    • Is there a GST bribe rate card now

      You can get a rate card for everything in gst office Registration 10k Assessment where no tax payable 15 k Refunds 4% This is what a friend is saying. LC Manager must esc...

      By Naina Mittal
      /
    • GST cancellation

      Nephew had applied for GST cancellation a couple of months back but continues to receive notices from GSTN for failure to file monthly return. His accountant tells him that GST office will not proc...

      By Naina Mittal
      /
    • By Sudesh Rai
      /
    • Small Business and cost of compliance

      My cousin’s friend runs a local bakery in Goa. He accepts only CASH. No UPI/CC/Debit Card-- nothing! Logic: if he accepts anything in 'white', he will pay around...

      By Sudesh Rai
      /
Share
Enter your email and mobile number and we will send you the instructions

Note - The email can sometime gets delivered to the spam folder, so the instruction will be send to your mobile as well

All My Circles
Invite to
(Maximum 500 email ids allowed.)