Is there a GST 40 pct category too
Just bought Amul Lactose free milk and this store close to my house La Marche levied 40% GST.
Is this legal. I thought highest rate category was 28%.
See receipt attached. more
Is this legal. I thought highest rate category was 28%.
See receipt attached. more
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View all 20 comments Below 20 comments
Please note that there is no 40% rate of G.S.T. and 15% G.S.T. GSTIN of the supplier is not in the invoice. Place of supply is not mentioned. H.S.N code is there. You can search quoting H.S.N in the G.S.T portal of C.B.E.C from Google search.S.32 of the G.S.T. Act prohibits such unauthorized collection. A complaint in writing should be forwarded to the G.S.T commissioner ( Central or State) . They will recover the tax u/s 74 of the G.S.T. Act. more
Nov 20
As such there is no tax being charged by the retailer. The bill has been raised at MRP and MRP includes all taxes. For the convenience, he has separately indicated how much is the tax component in the MRP which is as per requirement of the taxation department. more
Nov 20
GST 40% mentioned in the bill was wrong. It can be challenged in court. Need ti file a complain at GST official site. more
Nov 19
A proper bill/invoice should show the trader's GSTN. It is missing in this bill. For food items GST is 12% max. 28% is applicable for very few items like automobiles, cigarettes. more
Nov 18
Dear Naina Mittal and my other learned friends here participating in this issue, I have only one question that has anyone including the queriest has checked the tax charged by the seller?? All my friends are giving their opinions like its too much or there is no 40% tax rate or like maximum slab is 28% etc etc. None has observed the main point that there is no GSTIN mentioned on the bill and if GSTIN is there then its not visible to me. There is no doubt that the seller has mentioned under the category of GST 40% but he has only charged the tax @28% that is CGST 14% and SGST 14%. Now you can calculate that on the taxable value of Rs.25/- CGST and SGST @14% comes to Rs.3.50 each and that tax only he has charged. There is CESS of 12% which comes to Rs.3/- thus total GST he had charged Rs.10/- on taxable value of Rs.25/-. so there is no discripency in tax calculation but it is not debatable that he had wrongly mentioned under category of GST 40% instead of 28%. The only point to confirm is that whether there is CESS on this product or not? If Cess is there then the seller is right otherwise he has charged CESS wrong. Hope all my friends and Naina Mittal will correct themselves now with the calculation of tax. Regards more
Nov 18
Yes, you are right. 40% GST charged, includes GST at 28% and balance as Cess.
Naina's querry is on 40% slab. Bill posted shows HSN no as 40x. For products with this HSN, GST rates vary from 0 to 18% but nowhere shown as 28% plus Cess. Cess, in general, is collected on certain imported products as a compensation for Improters & Exporters but Amul products are manufactured in India!
It may be noted that this bill is for a B2C trade. Large nos of bills generated by dept Stores, Restaurants etc assume some flexibility as long as they show exact details of GST collected and used for payment of collected taxes during Tax Returns.
Personally I feel Naina may check with the store to start with and ascertain the basis of their charges. If Store agrees it is an error on their part, they may adjust this amount in her next bill. Amount so low not warranting extra efforts but any precedence set by buyers will be a caution to sellers. Current trend is just accept whatever is thrust on us in the guise of one or other and it is never or rarely protested or queried. more
Naina's querry is on 40% slab. Bill posted shows HSN no as 40x. For products with this HSN, GST rates vary from 0 to 18% but nowhere shown as 28% plus Cess. Cess, in general, is collected on certain imported products as a compensation for Improters & Exporters but Amul products are manufactured in India!
It may be noted that this bill is for a B2C trade. Large nos of bills generated by dept Stores, Restaurants etc assume some flexibility as long as they show exact details of GST collected and used for payment of collected taxes during Tax Returns.
Personally I feel Naina may check with the store to start with and ascertain the basis of their charges. If Store agrees it is an error on their part, they may adjust this amount in her next bill. Amount so low not warranting extra efforts but any precedence set by buyers will be a caution to sellers. Current trend is just accept whatever is thrust on us in the guise of one or other and it is never or rarely protested or queried. more
Nov 18
