Who Will Pay GST in India? Understanding the Different Roles, Salaries, and Responsibilities


1. Introduction: Why Understanding GST is Important

India’s Goods and Services Tax (GST) is one of the most important financial reforms that impacts every business and individual involved in buying or selling goods and services. Whether you’re a freelancer offering services online, a small business owner running a local store, or a large multinational corporation, understanding GST and how it affects you is essential.

But here’s the big question: Who actually pays GST in India? In this article, we’ll break it down for you in simple, easy-to-understand terms. Whether you’re a business owner trying to figure out your responsibilities or an employee curious about how GST impacts your salary, we’ve got you covered. We’ll also show you how companies like Filingwala.com can make your life easier by offering streamlined accounting and GST services.

2. What is GST and Who Pays It?

GST, or Goods and Services Tax, is a comprehensive indirect tax that was introduced in India in 2017 to replace a host of other indirect taxes like VAT, service tax, and excise duty. It’s designed to simplify the tax system by bringing all goods and services under one umbrella.

A Breakdown of GST Payers

Essentially, GST is a tax that is levied at every step of the supply chain. But, while the supplier collects GST, it’s the end consumer who ultimately pays for it. In short, everyone involved in the production and sale of goods or services is responsible for collecting, remitting, or paying GST in some form:

  • Manufacturers: They collect GST from wholesalers.
  • Wholesalers: They collect GST from retailers.
  • Retailers: They collect GST from consumers.
  • Consumers: They bear the final tax.

Whether you’re running a business or simply buying products, understanding where you fit into this chain is critical.

Types of GST: CGST, SGST, IGST, UTGST

India has a multi-tiered GST structure. Here’s a quick breakdown:

  • CGST: Collected by the Central Government on intra-state sales.
  • SGST: Collected by the State Government on intra-state sales.
  • IGST: Collected by the Central Government on inter-state sales.
  • UTGST: Collected in Union Territories.

Example: If a business in Maharashtra sells goods to another business in Maharashtra, both CGST and SGST are applicable. But if that same business sells to a company in Delhi, IGST applies.

3. Roles and Salaries in the GST Framework

The implementation of GST has created a variety of roles, from consultants and practitioners to tax officers. Let’s look at these roles and how much they earn in India.

GST Consultants

GST consultants play a pivotal role in helping businesses navigate the complexities of GST. They offer services like tax planning, filing returns, and helping businesses stay compliant with ever-changing regulations.

  • Average Salary: ₹4 to ₹10 lakhs per year, depending on expertise.

Tax Officers

Tax officers work for the government, ensuring that businesses comply with GST rules. They investigate fraud, ensure correct filing, and can levy penalties on defaulters.

  • Average Salary: ₹6 to ₹12 lakhs per year.

GST Practitioners

A GST practitioner is authorized by the government to perform certain functions on behalf of taxpayers, such as filing returns and paying GST.

  • Average Salary: ₹2 to ₹6 lakhs per year, with experienced practitioners earning more.

Salary Comparisons

RoleAverage Salary (Per Year)
GST Consultant₹4 to ₹10 lakhs
Tax Officer₹6 to ₹12 lakhs
GST Practitioner₹2 to ₹6 lakhs
Chartered Accountant₹5 to ₹15 lakhs

4. How Filingwala.com Can Help You With GST

Navigating the intricacies of GST can be overwhelming. This is where Filingwala.com, an accounting services company, can help. Filingwala offers a variety of services tailored to meet the needs of businesses and individuals dealing with GST.

Services Offered by Filingwala.com

  • GST Registration: Whether you’re a small business or a large corporation, Filingwala will help you get registered for GST without any hassle.
  • GST Filing: From filing regular returns to helping with complex issues like refunds and penalties, Filingwala ensures you stay compliant.
  • Trademark Registration: Apart from GST, Filingwala also helps businesses with legal services like trademark registration.
  • Company Startup Registration: Need help setting up your business? Filingwala provides startup services, ensuring all your legal needs are met.
  • Income Tax and GST: Filingwala handles all types of tax filings, ensuring you’re on top of your obligations.

Benefits of Using Filingwala.com for GST Filing

  • Expert Guidance: With experienced professionals, Filingwala ensures you get the best advice tailored to your business.
  • Cost-Efficient: Filingwala offers services at affordable rates, making sure even small businesses can access professional help.
  • Time-Saving: Let Filingwala handle your GST, so you can focus on growing your business.

5. Who Needs to Register for GST?

You might be wondering if you need to register for GST. Well, the government has set certain threshold limits that determine who must register.

Threshold Limits for GST Registration

  • Businesses with an annual turnover exceeding ₹40 lakhs (₹10 lakhs for special category states) are required to register for GST.
  • For service providers, the limit is ₹20 lakhs.

Voluntary GST Registration

Even if your turnover is below the threshold, you can choose to register voluntarily. This allows you to claim input tax credits, making it beneficial for businesses involved in B2B transactions.

Special Cases: E-Commerce, Reverse Charge Mechanism, and Composite Scheme

  • E-Commerce Businesses: If you’re running an e-commerce platform, GST registration is mandatory, regardless of your turnover.
  • Reverse Charge Mechanism (RCM): In certain cases, like hiring services from unregistered suppliers, the recipient is liable to pay GST under the reverse charge mechanism.
  • Composite Scheme: Small businesses with a turnover of up to ₹1.5 crore can opt for the Composition Scheme, which allows them to pay tax at a reduced rate.

6. Common GST Challenges for Businesses

GST is complex, and businesses often face challenges when trying to stay compliant. Here are some common issues:

Mistakes in Filing GST Returns

Errors in your GST returns can lead to penalties and fines. Here’s what businesses often get wrong:

  • Incorrect Input Tax Credit claims.
  • Late filing of returns.
  • Misreporting taxable turnover.

How to Avoid Penalties and Fines

To avoid these issues:

  • Automate your filing process using reliable software.
  • Double-check all details before submitting.
  • Consult experts like Filingwala.com to ensure accuracy.

7. Actionable Tips for Managing GST Efficiently

Importance of Accurate Record Keeping

The key to staying on top of GST is to keep accurate records of all your transactions. This includes:

  • Invoices: Keep copies of all sales and purchase invoices.
  • Tax filings: Ensure you have a record of every GST return filed.

Filing on Time: Best Practices

Make sure you never miss a deadline:

  • Use reminders: Set up automated reminders for GST return due dates.
  • Hire a consultant: If you’re unsure, let experts handle it for you.

8. Conclusion: Why Filingwala.com is Your Trusted Partner

If you’re looking to stay compliant with GST and avoid penalties, Filingwala.com is your go-to partner. From registration to filing returns, Filingwala makes GST easy and hassle-free.

With their affordable services and expert guidance, you can focus on growing your business while they take care of the paperwork. Visit Filingwala.com today to get started on your GST journey.


9. FAQ: Common Questions About GST in India

1. What is GST? GST is a unified tax system in India that replaced multiple indirect taxes.

2. Who pays GST in India? GST is paid by the consumer, but it’s collected by businesses at every stage of the supply chain.

3. Do freelancers need to pay GST? Yes, if their annual turnover exceeds ₹20 lakhs.

4. What happens if I miss a GST filing deadline? You may face penalties and interest on the amount of tax due.

5. Can Filingwala.com help with GST? Yes, Filingwala offers a range of GST services, including registration, filing, and consultation.

GST Salary: Different Roles in GST and Their Salaries


Introduction

When Goods and Services Tax (GST) was introduced in India, it didn’t just simplify the tax structure, it also opened up a new range of career opportunities. Whether you’re an experienced tax professional or a fresher, a career in GST could be the goldmine you’ve been looking for. But what exactly are the roles in GST, and how much can you earn? More importantly, how do you become one of these professionals?

This comprehensive guide will answer all these questions while also providing actionable tips on how you can get started in a lucrative GST career.


What is GST?

GST is an indirect tax imposed on the supply of goods and services. It is a single tax that has replaced various other taxes such as excise duty, VAT, and service tax. The key goal of GST is to create a unified tax structure across the country, making compliance easier for businesses and individuals.

How GST Works:
GST functions through multiple stages, including:

  • Purchasing raw materials
  • Manufacturing goods
  • Storing goods
  • Selling goods to retailers or wholesalers
  • Delivering goods to customers

Key Fact: GST applies to the sale of goods and services, not salaries.


Does GST Apply to Salary?

Many people are confused about whether GST applies to salaries. Let’s set the record straight. GST is not levied on salaries. The Central Board of Indirect Taxes and Customs (CBIC) has confirmed that employee salaries are not subject to GST. This includes salaries for chief executives, managers, and other employees.

Important Clarification: Reports suggesting that GST might apply to employee salaries are misleading. GST applies only to goods and services, not to the salaries paid to employees.


Key Roles Under GST

If you’re considering a career in GST, you’ll find a variety of job roles with different responsibilities and salary scales. Below are some of the most prominent positions:


Taxation Manager

A Taxation Manager is responsible for overseeing a company’s tax strategies, ensuring compliance with GST regulations. This role requires strong skills in tax planning and problem-solving.

Duties:

  • Handle both direct and indirect tax.
  • Develop tax strategies and ensure compliance.
  • Manage tax audits and notices.

Salary Range:

  • 0-2 years of experience: ₹28,600 per month.
  • 2-5 years of experience: ₹36,100 per month.
  • 5-10 years of experience: ₹47,600 per month.

Taxation Research Analyst

A Taxation Research Analyst is vital for large corporations with complex tax structures. They scrutinize contracts and transactions to ensure compliance with GST laws.

Duties:

  • Analyze contracts for tax implications.
  • Ensure compliance with GST provisions.
  • Prepare transaction tax forms.

Salary Range: ₹3.5 lakhs – ₹6 lakhs per annum (1-4 years experience).


Tax Reconciliation Accountant

A Tax Reconciliation Accountant ensures that GST data in the company’s books is accurate. Incorrect filings can lead to penalties, making this a critical role.

Duties:

  • Reconcile sales and purchase data with GST returns.
  • Manage input tax credit.

Salary Range: ₹2.5 lakhs – ₹7.5 lakhs per annum (based on experience).


GST Compliance Executive

A GST Compliance Executive is responsible for ensuring that the company follows all GST compliance procedures. Small businesses often hire compliance professionals on a part-time or outsourced basis.

Duties:

  • Manage global tax compliance.
  • Prepare tax provisions and statutory filings.

Salary Range: ₹3 lakhs – ₹4 lakhs per annum (entry-level).


GST Practitioner

A GST Practitioner helps businesses with GST filings and other compliance tasks. This is a consultant role that requires certification from the GST Network.

Duties:

  • File GST returns for businesses.
  • Provide consultancy on GST compliance.

Salary Range: ₹2 lakhs – ₹5 lakhs per annum (fresher). With experience, this can rise to ₹7-10 lakhs per annum.


How to Become a GST Practitioner?

To become a GST Practitioner, you need to follow these steps:

  1. Eligibility:
    • Hold a degree in commerce, law, or business management.
    • Be a registered sales tax practitioner or tax return preparer for at least five years.
  2. Registration:
    • Register on the GST portal.
    • Complete your GST certification from a recognized institute.
  3. Certification Exam:
    • You must pass the GST Practitioner exam within two years of registration.
  4. GST Services:
    • Once certified, a GST Practitioner can file returns, pay taxes, and assist businesses in GST compliance.

Pro Tip: Certification can significantly increase your earning potential. Clearing the GST Practitioner course can help you land high-paying jobs in top firms like EY, KPMG, and Deloitte.


What Determines GST Salaries?

Several factors influence your GST salary, including:

  1. Experience: The more experienced you are, the higher your salary.
  2. Certifications: GST certification courses from reputable institutes can boost your earnings.
  3. Industry: Different industries offer different salary scales for GST professionals.
  4. Role Complexity: A Taxation Manager overseeing multiple tax strategies will likely earn more than a compliance executive.

Salary Comparison Table:

RoleExperience (Years)Monthly Salary (INR)
Taxation Manager0-2₹28,600
Taxation Manager2-5₹36,100
Taxation Research Analyst1-4₹3.5-6 lakhs per annum
Tax Reconciliation Accountant0-1₹2.5-3 lakhs per annum
GST Compliance Executive0-1₹3-4 lakhs per annum
GST Practitioner0-1₹2-5 lakhs per annum
GST Practitioner5+₹7-10 lakhs per annum

Actionable Takeaways

Here’s what you should do if you want to get into GST roles:

  1. Enroll in a GST Certification Course: This is the fastest way to make yourself eligible for GST jobs.
  2. Keep Updated on GST Reforms: Laws are constantly changing, and staying updated will make you more valuable.
  3. Network: Building connections with professionals in this field can open up job opportunities.
  4. Consult Filingwala.com: For all your GST compliance needs, including consultation, registration, and filing services, Filingwala.com is here to help. Whether you’re a business or an aspiring GST practitioner, Filingwala has the tools and expertise to simplify your compliance process.

Call-to-Action:
Visit Filingwala.com for expert GST consultancy services and start your journey towards becoming a successful GST professional today.


FAQs

1. Will I be able to file GST returns for clients as a GST Practitioner?
Yes, once certified, you can file GST returns on behalf of your clients.

2. How much can I earn as a GST Practitioner?
A GST Practitioner can earn between ₹5-7 lakhs per year, with significant potential for salary increases as you gain experience.

3. Do I need a commerce degree to become a GST Practitioner?
Yes, a degree in commerce, law, or business management is required to enroll as a GST Practitioner.


Conclusion

The demand for GST professionals is at an all-time high, thanks to continuous reforms and the growing importance of GST in every sector. With opportunities ranging from taxation managers to compliance executives, there’s never been a better time to pursue a career in GST. By enrolling in a certification course and staying updated on the latest GST laws, you can significantly boost your career prospects.

So, why wait? Whether you want to manage GST compliance for a company or consult clients as a GST Practitioner, Filingwala.com is here to guide you through every step of the process.

Understanding GST on Contract Employee Remuneration: A Comprehensive Guide for Business Owners


1. Introduction

In India, the Goods and Services Tax (GST) has revolutionized how businesses operate and manage taxes. For businesses hiring contract employees, the question often arises: Is GST applicable to contract employee remuneration? Understanding the nuances of GST, especially when it comes to contract employees, is essential for business owners to stay compliant and avoid penalties.

This article delves deep into the applicability of GST on contract employee remuneration, providing real-world examples, insights, and expert opinions. Whether you’re a small business owner or managing a larger enterprise, this comprehensive guide will help you navigate the complexities of GST as it applies to contract employees. And don’t forget, Filingwala.com is here to assist with all your GST and legal needs!


2. What Is a Contract Employee?

A contract employee is hired by a business entity on a principal-to-principal basis. Unlike a regular full-time employee, a contract worker is not bound by the traditional employer-employee relationship. Contract employees are usually brought in to perform specific tasks or projects, with their services being clearly outlined in an agreement or contract.

Unlike salaried employees, contract employees might also provide services beyond their core employment responsibilities. In these situations, GST may become applicable, depending on the nature of the services provided.


3. GST Overview: Applicability on Contract Employee Remuneration

Definition of Supply Under GST

To understand the applicability of GST on contract employees, we must first explore the definition of supply under the CGST Act, 2017. Supply includes:

  • Sale, transfer, barter, exchange, license, rental, or lease
  • Disposal made or agreed to be made for a consideration by a person in the course or furtherance of business

Contract employees, in essence, provide services to a business. Based on this definition, one might assume that contract employees should be subject to GST. However, there are important exceptions and conditions to consider.

Employment Services and GST Exemptions

According to Schedule III of the CGST Act, 2017, services provided by an employee to their employer “in the course of or in relation to his employment” are not taxable under GST. Therefore, traditional employment relationships are exempt from GST.

However, the rules change when contract employees, freelancers, or part-time workers provide services outside their employment contract. In such cases, GST becomes applicable. The key is understanding when the services provided by contract employees qualify as “supply” under GST.


4. Scenarios Where GST is Applicable on Contract Employees

Let’s examine some common scenarios to understand when GST applies to contract employee remuneration:

1. Notice Pay

Many employment contracts have a notice pay clause, which compensates the employee in case of premature termination or failure to provide sufficient notice. Since this payment is part of the employment contract, it is not subject to GST.

2. Directors’ Sitting Fees

Directors often attend board meetings and receive sitting fees for their time and participation. These services are provided in a professional capacity and are outside the scope of traditional employment. Therefore, directors’ sitting fees are subject to GST.

3. Non-Compete Fees

In some cases, employees are paid a non-compete fee to refrain from joining a competitor. According to Para 5(e) of Schedule II of the CGST Act, non-compete services are classified as a form of forbearance (refraining from acting) and are subject to GST.

4. Services to an Associate Company

If an employee provides services to an associate company (not their direct employer), those services are outside the contract of employment and are thus liable for GST.


5. Value of Supply and GST Rate for Contract Employees

Determining the Value of Supply

When calculating GST, the value of supply depends on the consideration paid. If the transaction occurs between unrelated persons and the price is the sole consideration, GST is calculated on the transaction value.

However, in cases involving employer-employee relationships (classified as “related persons” under GST law), the open market value of the supply must be considered instead of the transaction value.

GST Rates Based on SAC Codes

The GST rate varies depending on the nature of the service provided and the corresponding SAC code. You can use tools to determine the correct GST rate based on your contract employee’s services.

Service TypeSAC CodeGST Rate (%)
Directors’ Sitting Fees99831118%
Non-Compete Fees99979218%
Professional Consulting Fees99831218%

6. Who Is Liable to Pay GST on Contract Employee Services?

Reverse Charge Mechanism (RCM)

In certain situations, the Reverse Charge Mechanism (RCM) applies. Under RCM, the recipient of the goods or services (in this case, the company) is responsible for paying the GST instead of the service provider.

This applies in cases like:

  • Directors’ sitting fees
  • Purchases from unregistered persons (if the value exceeds the threshold limit)

For other services not covered under RCM, the contract employee is responsible for paying GST.


7. GST on Contract Employees: Real-World Examples

Let’s look at some real-world examples to illustrate how GST applies to contract employees:

  1. Example A: A company hires a freelance web designer to revamp its website. The designer is considered a contract employee, and since this service is provided outside the employer-employee relationship, GST is applicable.
  2. Example B: An employee of Company X is sent to help an associate company, Y, with a project. Since the service is provided to a separate legal entity (Company Y), GST applies.

8. Expert Opinions on GST for Contract Employees

Rajiv Agarwal, a leading GST consultant, explains:

“The GST regime has clear-cut rules regarding employee services. Traditional employment is exempt from GST, but once services are rendered outside the employment contract, GST applies. Businesses must ensure compliance to avoid penalties.”


9. Actionable Tips for Business Owners

As a business owner, navigating GST on contract employees can be tricky. Here are some tips to help you stay compliant:

  • Understand the Nature of Service: Always assess whether the service provided by the contract employee falls under employment or outside it.
  • Check for Reverse Charge Applicability: If you’re dealing with directors or unregistered persons, make sure you’re aware of the RCM.
  • Keep Documentation: Maintain clear records of contracts and invoices to easily determine GST applicability.
  • Consult a GST Expert: When in doubt, always consult a GST professional to ensure you’re compliant with the latest rules.

At Filingwala.com, we specialize in providing comprehensive GST and legal services to businesses across India. Whether you’re dealing with complex GST issues, trademark registration, or company incorporation, our experts are here to help you. We offer services like:

  • GST Consultation
  • Trademark Registration
  • Company Startup Registration
  • Income Tax Filing
  • E-Commerce Business Onboarding

Don’t let GST compliance overwhelm you. Contact Filingwala.com today to simplify your business processes and stay on the right side of the law.


11. FAQs About GST on Contract Employee Remuneration

Q1. Is GST applicable on salaries? No, salaries paid to employees in the course of employment are exempt from GST under Schedule III of the CGST Act, 2017.

Q2. When is GST applicable to contract employees? GST applies when a contract employee provides services outside the scope of their employment contract, such as freelancing or consulting services.

Q3. Who pays the GST on contract employee services? It depends. In cases where the Reverse Charge Mechanism applies, the company pays the GST. Otherwise, the contract employee is responsible for paying it.

Q4. How do I calculate the GST on contract employee remuneration? GST is calculated based on the value of supply and the applicable SAC code. For employer-employee relationships, open market value may be considered.


12. Conclusion and Call to Action

Understanding the applicability of GST on contract employee remuneration is crucial for businesses to remain compliant and avoid costly penalties. Whether you’re paying directors’ sitting fees or hiring contract employees for consulting services, staying informed is key.

Need help with GST or other legal matters? Filingwala.com is here to assist you with expert advice and services. Contact us today to ensure your business is GST-compliant!

Mastering GST in Tally: A Step-by-Step Guide to Overcoming Common Challenges

Understanding GST and Its Role in Tally

Goods and Services Tax (GST) is a comprehensive tax system introduced to unify the indirect tax structure in India. It encompasses multiple taxes into a single tax, simplifying the taxation process for businesses. Tally ERP 9 is a widely used accounting software that aids in GST compliance by managing transactions, generating invoices, and filing returns.

In this guide, we will navigate through common GST-related issues in Tally, provide step-by-step solutions, and offer practical tips to streamline your GST management.


Section 1: Setting Up GST in Tally

1.1 Understanding GST in Tally

Basics of GST:

  • CGST (Central Goods and Services Tax): Collected by the central government on intra-state sales.
  • SGST (State Goods and Services Tax): Collected by the state government on intra-state sales.
  • IGST (Integrated Goods and Services Tax): Collected by the central government on inter-state sales and imports.
  • Input Tax Credit (ITC): The credit businesses can claim for taxes paid on purchases.

Proper GST setup in Tally ensures accurate tax calculations and compliance with legal requirements. Incorrect setup can lead to errors in tax calculations, filing discrepancies, and legal penalties.

1.2 Initial Setup Guide

Step-by-Step Configuration:

  1. Enable GST in Tally:
    • Go to Gateway of TallyF11: FeaturesF1: Accounting Features.
    • Set Enable Goods and Services Tax (GST) to Yes.
    • Save the configuration.
  2. Set GST Rates and HSN Codes:
    • Navigate to Gateway of TallyAccounts InfoTax Ledger.
    • Create ledgers for CGST, SGST, and IGST. Example:
      • CGST Ledger:
        • Name: Output CGST 9%
        • Under: Duties & Taxes
        • Type of Ledger: GST
        • GST Rate: 9%
      • SGST Ledger:
        • Name: Output SGST 9%
        • Under: Duties & Taxes
        • Type of Ledger: GST
        • GST Rate: 9%
      • IGST Ledger:
        • Name: Output IGST 18%
        • Under: Duties & Taxes
        • Type of Ledger: GST
        • GST Rate: 18%
  3. Create GST Ledgers:
    • Go to Gateway of TallyAccounts InfoLedgersCreate.
    • Enter details for GST Output, Input, and RCM ledgers.

Example Table: Sample GST Ledger Configuration

Ledger NameUnder GroupType of LedgerGST Rate
Output CGST 9%Duties & TaxesGST9%
Input SGST 9%Duties & TaxesGST9%
RCM IGST 18%Duties & TaxesGST (RCM)18%

Section 2: Managing GST Transactions in Tally

2.1 Recording Sales and Purchases

Sales Invoices with GST:

  • Create Sales Voucher:
    • Go to Gateway of TallyVouchersF8: Sales.
    • Enter the sales details including customer name, item description, and amount.
    • Select the GST ledger for output tax (e.g., Output CGST 9% and Output SGST 9%).
    • Tally will automatically calculate the GST based on the rate configured.

Purchases and ITC Claims:

  • Create Purchase Voucher:
    • Navigate to Gateway of TallyVouchersF9: Purchase.
    • Enter supplier details, item details, and amount.
    • Choose the GST ledger for input tax (e.g., Input CGST 9% and Input SGST 9%).
    • Tally will calculate the ITC based on the rate configured.

Handling Special Transactions

Reverse Charge Mechanism (RCM):

  • RCM Transactions:
    • Go to Gateway of TallyVouchersF9: Purchase.
    • Select the RCM ledger (e.g., RCM IGST 18%) for purchases under RCM.
    • Record the amount and Tally will apply the reverse charge.

Interstate Transactions:

  • Record Interstate Sales:
    • Use Gateway of TallyVouchersF8: Sales.
    • Select IGST ledger for interstate sales transactions.

2.2 Common Mistakes and Corrections

Mistake: Incorrect GST Rate Application:

  • Identify Mistakes:
    • Check for discrepancies in GST rates applied in transactions.
    • Review sales and purchase vouchers for accurate rate application.

Solution: Revising Invoices and Ledgers:

  • Revise Entries:
    • Navigate to Gateway of TallyVouchersF8: Sales or F9: Purchase.
    • Edit the incorrect voucher to apply the correct GST rate.
    • Save the revised voucher.

Bullet Points: Quick Tips for Accurate GST Transactions

  • Double-check GST rates before finalizing transactions.
  • Regularly reconcile purchase and sales vouchers.
  • Keep track of changes in GST rates and update Tally accordingly.

Section 3: Filing GST Returns with Tally

3.1 Overview of GST Returns

Types of GST Returns:

  • GSTR-1: Details of outward supplies.
  • GSTR-3B: Monthly summary of inward and outward supplies.
  • GSTR-9: Annual return.

Return Filing Deadlines:

  • Monthly Returns: GSTR-1 and GSTR-3B are usually due on the 11th and 20th of the following month, respectively.
  • Annual Return: GSTR-9 is due by December 31st of the financial year.

3.2 Preparing and Filing Returns

Data Preparation in Tally:

  • Generate GSTR-1:
    • Go to Gateway of TallyDisplayStatutory ReportsGST.
    • Select GSTR-1 and review the report.
    • Ensure all data is accurate before exporting.
  • Generate GSTR-3B:
    • Navigate to Gateway of TallyDisplayStatutory ReportsGST.
    • Select GSTR-3B and review the report.
    • Verify input tax credits and tax liabilities.

Exporting Data:

  • Export Data for Filing:
    • In the GST report, select Export.
    • Choose the format compatible with the GST portal (e.g., JSON).
    • Upload the file to the GST portal for filing.

3.3 Troubleshooting Filing Issues

Common Errors in GSTR-1 and GSTR-3B:

  • Mismatch of Invoices:
    • Errors can occur due to incorrect invoice numbers or amounts.
  • Incorrect Tax Calculations:
    • Verify that tax calculations match the configured rates.

Solution: Data Reconciliation:

  • Reconcile Data with GSTR-2A:
    • Compare purchase data with GSTR-2A to ensure accuracy.
  • Correct Discrepancies:
    • Edit and correct any mismatched invoices or tax entries in Tally.

Bullet Points: Tips for Smooth GST Return Filing

  • Reconcile monthly before filing returns.
  • Verify all data against GST portal records.
  • Seek professional help for complex issues.

Section 4: Advanced GST Features in Tally

4.1 e-Way Bill Management

Importance of e-Way Bills:

  • Regulations: e-Way bills are required for the movement of goods exceeding a certain value.
  • Compliance: Ensures that the goods are transported legally and tracked.

Generating e-Way Bills in Tally:

  • Step-by-Step Guide:
    • Navigate to Gateway of TallyInventory InfoE-Way Bill.
    • Enter details such as the vehicle number, destination, and goods information.
    • Tally will generate an e-Way Bill number which can be used for transportation.

4.2 GST Rate Changes and Updates

Handling GST Rate Changes:

  • Update GST Rates:
    • Go to Gateway of TallyAccounts InfoTax Ledger.
    • Edit the existing GST ledger to update the new rates.
    • Apply the updated rates to transactions as necessary.

Managing Transitional Provisions:

  • Stock and Invoice Adjustments:
    • During GST transitions, adjust stock values and invoices to comply with new rates.

4.3 Audit and Reports

GST Audit in Tally:

  • Conducting Audits:
    • Use Tally’s audit features to review GST compliance.
    • Check for discrepancies in GST returns and transactions.

Generating GST Reports:

  • Create Reports:
    • Go to Gateway of TallyDisplayStatutory ReportsGST.
    • Generate reports such as GSTR-1, GSTR-3B, and reconciliation reports.

Example Table: GST Report Comparison

Report TypePurposeDue DateKey Data
GSTR-1Details of outward supplies11th of the monthSales, invoice details, GST collected
GSTR-3BMonthly summary of taxes20th of the monthInput and output tax, liabilities
GSTR-9Annual return31st DecemberAnnual sales, purchases, ITC claims

Section 5: Best Practices for GST Compliance in Tally

5.1 Regular Software Updates

Why Updates Matter:

  • Compliance: Regular updates ensure Tally complies with the latest GST rules and regulations.
  • Bug Fixes: Updates often include fixes for known issues and improved features.

5.2 Employee Training and Awareness

Training on GST and Tally:

  • Conduct Training Sessions:
    • Train employees on GST regulations and Tally usage.
    • Use practical examples to demonstrate common processes.

5.3 Regular Reconciliation and Review

Monthly Reconciliation:

  • Reconcile Books with GSTR-2A/2B:
    • Ensure all invoices match with GSTR-2A/2B to claim accurate ITC.
  • Review Transactions:
    • Regularly review and audit transactions to maintain accuracy.

Consulting Professionals:

  • Seek Expert Advice:
    • Consult GST professionals or chartered accountants for complex issues or when in doubt.

Conclusion

Summary of Key Points:

  • Recap: We covered the common GST problems in Tally and provided step-by-step solutions to overcome these challenges.
  • Importance: Accurate GST management in Tally ensures compliance and smooth business operations.

Final Thoughts: Maintaining meticulous GST records and using Tally effectively are crucial for seamless GST compliance. By following the outlined steps and best practices, businesses can avoid common pitfalls and ensure accurate tax management.

Call to Action:

  • Further Reading and Support:
    • Explore Tally’s official documentation and support forums for additional help.
    • Consult GST experts for personalized advice.

Encouragement: Stay proactive in managing GST compliance and leverage Tally’s features to streamline your tax processes.


Create and Submit GSTR-3B: A Comprehensive Guide for Indian Businesses

Table of Contents

  1. Introduction: Understanding GSTR-3B
  2. What is GSTR-3B?
  3. Why is Timely Filing Important?
  4. Overview of the GSTR-3B Filing Process
  5. Step-by-Step Guide to Filing GSTR-3B
  6. Common Mistakes and Tips for Filing GSTR-3B
  7. Conclusion: The Importance of GSTR-3B Compliance
  8. FAQ: GSTR-3B
  9. Why Choose Filingwala.com?

Introduction: Understanding GSTR-3B

Navigating the world of GST compliance in India can be challenging, but understanding the essentials, like filing GSTR-3B, is crucial. This simplified GST return form is a key component for businesses, summarizing their monthly transactions. In this guide, we’ll walk you through everything you need to know about GSTR-3B, from its significance to a detailed step-by-step filing process. Whether you’re a seasoned business owner or new to the GST regime, this article will equip you with the knowledge to file your returns confidently and accurately.

What is GSTR-3B?

GSTR-3B is a summary return form that businesses registered under the GST in India must file monthly. It captures essential details such as outward supplies, inward supplies, input tax credit (ITC), and the overall tax liability for a particular tax period. Unlike other GST returns, GSTR-3B is not an invoice-wise return, making it a more straightforward summary of the monthly GST transactions of a business.

Why is Timely Filing Important?

Filing GSTR-3B on time is not just a legal obligation but also crucial for smooth business operations. Here’s why:

  1. Avoid Penalties: Late filing can attract penalties, which can accumulate quickly and become a financial burden.
  2. Input Tax Credit Claim: Timely filing ensures that you can claim your ITC without delays, which is vital for managing cash flow.
  3. Maintain Business Reputation: Consistent compliance with tax laws builds credibility and trust with customers and suppliers.
  4. Legal Implications: Non-compliance can lead to legal issues, including fines and audits.

Overview of the GSTR-3B Filing Process

The process of filing GSTR-3B involves several steps, each crucial for ensuring accuracy and compliance. Here’s a quick overview:

  1. Login to the GST Portal: Use your GST credentials to access your account.
  2. Navigate to the Returns Dashboard: This is where you will find the option to file various GST returns, including GSTR-3B.
  3. Fill Out the Return: Enter details of your business’s transactions, including sales, purchases, and tax credits.
  4. Calculate and Pay Taxes: Determine the net tax payable after accounting for ITC and make the payment.
  5. Submit the Return: Finalize and submit your return to the GST portal.

In the sections below, we’ll delve into each step with detailed explanations and practical tips.

Step-by-Step Guide to Filing GSTR-3B

Logging into the GST Portal

The journey of filing your GSTR-3B starts at the GST portal. To begin:

  • Access the GST Portal: Visit the official GST website (gst.gov.in) and log in using your GSTIN (Goods and Services Tax Identification Number) and password.
  • Secure Login: If you’re logging in for the first time or using a new device, you may need to verify your identity using an OTP sent to your registered mobile number.

Navigating to the Returns Dashboard

Once logged in:

  • Locate the Returns Section: On the dashboard, find the ‘Services’ tab and navigate to ‘Returns’ under it.
  • Select the Relevant Return: Choose the period for which you are filing the return and select GSTR-3B from the available options.

Filling Out the GSTR-3B Return

This is the most critical part of the process. The GSTR-3B form is divided into several sections, each requiring specific details about your transactions.

Key Sections of GSTR-3B:

  1. Outward Supplies: Report the total value of outward supplies (sales), including the GST collected. Ensure the figures match your records and invoices.
  2. Inward Supplies: Input details of purchases and the GST paid. This section helps calculate your eligible ITC.
  3. Input Tax Credit (ITC): Declare the ITC available from your purchases, which will offset your GST liability.
  4. Summary of Tax Liability: This section provides a summary of the total tax payable after accounting for ITC.
  5. Payment Details: Enter the details of the tax payment, including the method used and the amount paid.

Tips:

  • Accuracy is Key: Double-check all figures to ensure they match your records.
  • Use GST Software: Consider using GST-compliant software to streamline data entry and avoid errors.

Calculating and Paying Taxes

After filling in the details:

  • Net Tax Liability: The GST portal will automatically calculate your net tax liability based on the data provided.
  • Understanding Tax Liability: Your tax liability is the difference between the GST collected on sales (output tax) and the GST paid on purchases (input tax). If the output tax exceeds the input tax, you owe the difference to the government.
  • Payment Methods: The GST portal supports various payment methods, including net banking, debit/credit card, and UPI. Choose the one most convenient for you.
  • Generate Challan: Once the payment is made, generate a challan (payment receipt) from the portal. This is essential for record-keeping and future reference.

Filing the GSTR-3B Return

With the tax payment completed:

  • Review Your Return: Carefully review all the data entered to ensure it is accurate and complete.
  • Verification: Depending on your business’s turnover, you might need to verify the return using a Digital Signature Certificate (DSC) or an e-signature.
  • Submit the Return: After verification, submit the return. The GST portal will generate an acknowledgment number, serving as proof of submission.

Key Reminders:

  • Save a Copy: Always save a copy of the filed return and the acknowledgment receipt.
  • Digital Signature: Mandatory for businesses with a turnover exceeding Rs. 5 crores.

Common Mistakes and Tips for Filing GSTR-3B

Common Mistakes

Avoid these common errors to ensure a smooth filing process:

  1. Incorrect ITC Claims: Overclaiming or underclaiming ITC can lead to audits and penalties.
  2. Mismatch in Returns: Ensure consistency between GSTR-1 and GSTR-3B to avoid discrepancies.
  3. Late Filing: Missing the due date can result in penalties and interest charges.
  4. Incorrect Tax Rates: Always apply the correct GST rates based on your product or service category.
  5. Errors in Invoice Details: Accurate invoice details are crucial for proper ITC claims and compliance.

Tips for Smooth Filing

  • Maintain Detailed Records: Accurate records of all transactions are vital for filing returns and claiming ITC.
  • Regular Reconciliation: Regularly reconcile your GST returns with your financial records to catch any discrepancies early.
  • Stay Informed: Keep up with the latest GST rules and amendments to ensure compliance.
  • Use Reliable Software: GST-compliant software can simplify the filing process and reduce errors.
  • File on Time: Set reminders for the due date to avoid late fees and penalties.

Importance of Record-Keeping

Maintaining comprehensive records is not just a compliance requirement but a good business practice. Essential records include:

  • Sales and Purchase Invoices: Crucial for ITC claims and audit trails.
  • Debit and Credit Notes: Necessary for adjustments and reconciliation.
  • Payment Vouchers: For documenting tax payments.
  • E-way Bills: Required for the movement of goods.

Conclusion: The Importance of GSTR-3B Compliance

Filing GSTR-3B accurately and on time is essential for maintaining GST compliance and avoiding penalties. By understanding the filing process, staying informed, and keeping meticulous records, businesses can ensure smooth operations and focus on growth. Remember, compliance not only builds credibility but also fosters trust among customers and suppliers.

Why Choose Filingwala.com?

For businesses looking to streamline their GST compliance and other financial services, Filingwala.com offers comprehensive solutions. From GST filing to company registration, our expert team ensures that your business complies with all regulations, allowing you to focus on what matters most—growing your business.

  • Expert Guidance: Get expert advice tailored to your business needs.
  • Comprehensive Services: From GST filing to trademark registration, we cover all aspects of business compliance.
  • Ease of Use: Our platform is user-friendly, making it easy to manage your filings and documents.

Call to Action: Visit Filingwala.com today to learn more about how we can assist your business in achieving compliance and growth. Let us handle the complexities of tax filing and registration, so you can concentrate on building your business.

FAQ: GSTR-3B

  1. What is the due date for filing GSTR-3B?
    • The due date is the 20th of the succeeding month. For example, the return for July is due by August 20th.
  2. Can I revise a filed GSTR-3B return?
    • No, GSTR-3B once filed cannot be revised. It’s crucial to ensure accuracy before submission.
  3. What happens if I miss the due date?
    • Missing the due date results in a late fee and interest on the tax due. It can also impact your ITC claim.
  4. Can I file a nil return in GSTR-3B?
    • Yes, if there are no transactions, you can file a nil return for that period.
  5. What documents are required for filing GSTR-3B?
    • Key documents include sales and purchase invoices, payment vouchers, and e-way bills.
  6. Can I use GST software to file GSTR-3B?
    • Yes, using GST-compliant software is recommended for accuracy and ease.
  7. What is the difference between GSTR-1 and GSTR-3B?
    • GSTR-1 is a detailed return of sales, while GSTR-3B is a summary return including sales, purchases, and tax liabilities.
  8. Is a digital signature mandatory?
    • It is mandatory for businesses with an annual turnover exceeding Rs. 5 crores.
  9. Can I claim ITC on reverse charge supplies?
    • Yes, ITC can be claimed on reverse charge supplies as per the applicable rules.
  10. What are common reasons for GSTR-3B mismatch?
    • Discrepancies can arise from errors in invoice details, incorrect tax rates, and mistakes in ITC claims.

Section 194H – TDS on Commission and Brokerage: All You Need to Know

Understanding taxes can be tricky, especially when it comes to rules about Tax Deducted at Source (TDS). One important rule is Section 194H – TDS on Commission and Brokerage. This guide will explain everything you need to know about this section in simple and easy language. Whether you own a business, work in finance, or just want to know more about your taxes, this article will help you.

Taxes are a part of our lives, and knowing how they work can save us from a lot of trouble. TDS, or Tax Deducted at Source, is a method by which the government collects taxes from the very source of income. When it comes to commission and brokerage, Section 194H of the Income Tax Act comes into play. This article aims to make the complex rules of Section 194H understandable, so you can manage your taxes better.

Understanding Section 194H

Section 194H is about TDS on income from commission or brokerage paid to a resident person. Let’s break down what this means:

  • Who it applies to: Anyone paying commission or brokerage to a resident, except for individuals and Hindu Undivided Families (HUFs) with small turnovers.
  • When it started: Since the financial year 2020-21, even individuals and HUFs with business turnover above ₹1 crore or professional receipts above ₹50 lakh must deduct TDS.
  • What it excludes: Insurance commission is not included (that’s covered under Section 194D).

What is Section 194H?

Section 194H requires any person who is responsible for paying a resident any income by way of commission or brokerage to deduct TDS. The deduction must be made when the payment is made or credited to the recipient’s account, whichever is earlier.

Why is Section 194H Important?

This section ensures that the government gets its share of taxes from commissions and brokerages. By making the payer deduct TDS, it reduces the chances of tax evasion. It’s crucial for businesses that deal with intermediaries to be aware of this section to comply with tax laws.

When Does TDS Under Section 194H Need to be Deducted?

TDS under Section 194H must be deducted when the income is credited to the payee’s account or when it is paid, whichever comes first. This means if you pay in cash, by cheque, or any other way, you must deduct TDS at the time of credit or payment.

Timing of TDS Deduction

TDS must be deducted at the time of crediting the commission or brokerage to the recipient’s account, or at the time of payment, whichever is earlier. This ensures that the tax is collected as soon as the income is earned.

Example Scenario

Imagine you run a business and pay a commission to an agent on April 15. You credit this amount to the agent’s account on April 20. In this case, you must deduct TDS on April 15, the earlier of the two dates.

Meaning of Commission and Brokerage

Commission and brokerage under Section 194H include payments received or receivable directly or indirectly for:

  • Services provided (but not professional services).
  • Buying or selling goods.
  • Any transaction involving any asset, valuable article, or thing, except securities.

This broad definition ensures various types of intermediary payments fall under this section.

Detailed Explanation

  • Commission: This refers to payments made for services rendered by an agent on behalf of another party. It includes situations where an agent helps in selling goods or providing services.
  • Brokerage: This typically involves arranging deals between buyers and sellers, or facilitating transactions.

Examples of Commission and Brokerage

  1. Sales Commission: If a salesperson helps in selling products and earns a commission on each sale.
  2. Brokerage Fees: If a real estate broker helps in buying or selling property and earns a fee for their services.

Exemptions Under Section 194H

Certain situations do not require TDS deduction under Section 194H:

  • Payments below ₹15,000 in a financial year.
  • Commission paid to employees (covered under Section 192).
  • Commission on insurance and loan underwriting.
  • Payments to holders of NIL TDS certificates from authorized bodies.
  • Payments by TV channels/newspapers to advertising agencies.
  • Turnover commission by RBI to Agency Banks.
  • Payments to public call office franchisees by BSNL/MTNL.
  • Payments by mobile service providers to their franchisees/distributors (as per Supreme Court ruling).

Detailed List of Exemptions

  1. Small Payments: No TDS if the total commission or brokerage does not exceed ₹15,000 in a financial year.
  2. Employee Commission: Commission paid to employees is taxed under Section 192, not 194H.
  3. Insurance and Loan Underwriting: These specific commissions are not covered under Section 194H.
  4. NIL TDS Certificate: If the recipient has a certificate authorizing NIL TDS deduction.
  5. Advertising Agencies: Payments by media houses to advertising agencies.
  6. RBI Turnover Commission: Commissions paid by RBI to its agency banks.
  7. Public Call Office Franchisees: Payments made by telecom companies to their franchisees.
  8. Mobile Service Providers: As per a Supreme Court ruling, payments to mobile service franchisees are exempt.

Example Scenarios

  • Payment Below ₹15,000: If a commission of ₹10,000 is paid to an agent, no TDS is required.
  • Employee Commission: If an employee earns a commission as part of their salary, it’s covered under Section 192, not 194H.

Rate of TDS

The current rate of TDS under Section 194H is 5%. However, if the person receiving the payment does not provide their PAN, the rate goes up to 20%. No additional surcharges or education cess is added to these rates.

Detailed Breakdown of Rates

  • Standard Rate: 5% of the commission or brokerage amount.
  • No PAN Rate: 20% if the recipient does not provide their PAN.

Example Calculation

If you pay a commission of ₹50,000 to an agent:

  • With PAN: 5% of ₹50,000 = ₹2,500 TDS.
  • Without PAN: 20% of ₹50,000 = ₹10,000 TDS.

When TDS Under Section 194H is Not Deductible

TDS is not required if:

  • The total commission or brokerage in a financial year is less than ₹15,000.
  • The person receiving the payment has a certificate from the assessing officer for NIL or lower TDS deduction.

Detailed Explanations

  1. Small Payments: TDS is not required if the total payment in a financial year does not exceed ₹15,000.
  2. NIL TDS Certificate: If the recipient has a certificate from the assessing officer allowing NIL or reduced TDS, you must comply with that certificate.

Example Scenarios

  • Small Payments: If you pay an agent ₹14,000 in a year, no TDS is required.
  • NIL TDS Certificate: If an agent provides a valid NIL TDS certificate, you don’t deduct TDS.

Time Limit for Depositing TDS

It’s important to deposit TDS on time. Here are the deadlines:

  • For TDS deducted from April to February: On or before the 7th of the next month.
  • For TDS deducted in March: On or before the 30th of April.

Detailed Timeline

  • Monthly Deposits: TDS deducted from April to February must be deposited by the 7th of the next month.
  • March Deposits: TDS deducted in March must be deposited by the 30th of April.

Example Timeline

  • April TDS: Deducted on April 25, must be deposited by May 7.
  • March TDS: Deducted on March 15, must be deposited by April 30.

TDS at a Lower Rate

If you want a lower TDS rate, you can apply under Section 197. Here’s what you need to do:

  1. Check the PAN of the person receiving the payment.
  2. Make sure the certificate is valid for the correct financial year and section.
  3. Ensure the certificate’s limit hasn’t been exceeded in previous quarters.
  4. Use the correct certificate number in your statement.

Steps to Apply for Lower TDS Rate

  1. Application: The recipient must apply to the assessing officer using Form 13.
  2. Approval: If approved, the assessing officer will issue a certificate specifying the lower TDS rate.
  3. Verification: The payer must verify the certificate’s validity and ensure it covers the payment.

Example Scenario

An agent applies for a lower TDS rate and gets approval for a 2% rate instead of 5%. You must verify the certificate and deduct TDS at 2% for payments to this agent.

Important Points to Remember

  • TDS is deducted on the main value of commission or brokerage, not including GST.
  • TDS is applicable if total earnings are more than ₹15,000.
  • Even if the agent keeps the commission amount, TDS must be deposited.
  • TDS deductions by the government are deposited on the same day.

Key Details

  1. Main Value: TDS is deducted on the commission amount excluding GST.
  2. Threshold: TDS applies if total payments exceed ₹15,000 in a financial year.
  3. Agent’s Responsibility: Even if the agent retains the commission, you must deduct and deposit TDS.
  4. Government Deposits: For government payments, TDS is deposited the same day.

Example Scenarios

  • GST Exclusion: If you pay ₹1,00,000 commission plus 18% GST, TDS is deducted on ₹1,00,000, not ₹1,18,000.
  • Threshold: If you pay an agent ₹16,000 in total commissions in a year, TDS must be deducted.

Frequently Asked Questions (FAQ)

Is TDS under Section 194H applicable to discounted airline tickets issued to travel agents?

No, such transactions are treated as discounts, not commissions.

Are trade incentives given to dealers subject to TDS under Section 194H?

Yes, if the incentives are like commissions.

Is TDS deductible on turnover commission payable by RBI to Agency Banks?

No, TDS under Section 194H does not apply to turnover commission by RBI to Agency Banks.

When should TDS be deducted under Section 194H?

TDS should be deducted when the income is credited to the payee’s account or when it is paid, whichever comes first.

What is the rate of TDS under Section 194H?

The standard rate is 5%, but if PAN is not provided, the rate is 20%.

What happens if TDS is deducted but not deposited?

Interest at 1.5% per month (or part thereof) is payable from the date the tax was deductible until it is deposited.

Can expenses be deducted from commission income?

Yes, you can deduct all expenses from your commission income when filing your income tax return.

How to get a lower TDS rate under Section 194H?

Apply to the assessing officer with Form 13, get approval, and verify the certificate before deducting TDS at the lower rate.

What if the agent does not provide a PAN?

You must deduct TDS at 20% if the agent does not provide a PAN.

Are there any exceptions to the rule?

Yes, certain payments like insurance commissions and those covered by specific certificates are exempt.

Summary and Call to Action

Understanding and following Section 194H is important for avoiding penalties and ensuring smooth financial operations. For personalized help and expert handling of your TDS and other tax-related matters, consider partnering with Filingwala.com. Our team of professionals provides services including trademark registration, company startup registration, income tax, GST, and other legal business services.

Take control of your tax compliance today! Visit Filingwala.com and experience hassle-free tax management.


Did you Know? Section 194O – TDS on Payments Made to E-commerce Participants

Have you ever wondered how tax laws keep up with the fast-paced world of e-commerce? Enter Section 194O – a game-changer in India’s tax landscape, aimed at bringing e-commerce participants under the tax net. Whether you’re an online seller or an e-commerce operator, this guide will help you navigate the complexities of Section 194O with ease and confidence.

Understanding Section 194O

What is Section 194O?

Section 194O, introduced in the Union Budget 2020 and effective from October 1, 2020, mandates that e-commerce operators deduct TDS (Tax Deducted at Source) when facilitating sales of goods or services through their platforms. This provision ensures that the tax authorities can track and collect taxes from transactions conducted online.

Who are E-commerce Operators and Participants?

E-commerce Operator: This refers to anyone who owns, operates, or manages a digital platform for the sale of goods and services. They are responsible for making payments to e-commerce participants.

E-commerce Participant: These are individuals or entities that sell goods or services through an electronic platform provided by an e-commerce operator. Importantly, they must be residents of India.

Scope of Section 194O

E-commerce operators must deduct TDS at 1% of the gross amount of sales or services made by e-commerce participants. However, if the annual sales or services of a resident individual or HUF (Hindu Undivided Family) do not exceed Rs 5 lakh, and they have furnished their PAN or Aadhaar, TDS is not required. If the PAN or Aadhaar is not furnished, TDS is deducted at a higher rate of 5%, as per Section 206AA.

Time of Deduction

The TDS must be deducted at the earlier of the following:

  • When crediting the amount to the e-commerce participant’s account.
  • When making payment to the e-commerce participant by any mode.

For example, if an e-commerce participant sells a product worth Rs 50,000 through Flipkart, Flipkart must deduct TDS when the sale amount is credited to the participant’s account or when the payment is made, whichever is earlier.

Purpose of Section 194O

The main goal of Section 194O is to expand the TDS base by including e-commerce transactions. This helps the government track small sellers who might otherwise avoid filing income tax returns. E-commerce platforms provide a cost-effective and efficient way for sellers to reach buyers, but they also pose challenges in tax compliance. Section 194O addresses these challenges by ensuring that taxes are deducted at the source.

Exceptions to Section 194O

Certain exceptions apply to Section 194O:

  • Non-resident e-commerce participants are exempt.
  • Resident individuals and HUFs are exempt if their annual sales or services do not exceed Rs 5 lakh.

Law Before Section 194O

Before the introduction of Section 194O, there was no TDS on payments made to e-commerce participants. This lack of regulation allowed many small sellers to evade their tax liabilities, as they were only required to file income tax returns independently.

E-commerce vs OIDAR

Understanding the distinction between e-commerce and OIDAR (Online Information Database Access and Retrieval) services is crucial. While e-commerce involves buying and selling goods and services online, OIDAR services are purely digital and do not involve physical goods. Examples include online advertising, cloud services, and streaming services.

Real-World Examples

Consider XYZ, a proprietary firm selling products through Flipkart. If Mr. A purchases a product worth Rs 50,000 from XYZ, Flipkart must deduct TDS when the amount is credited to XYZ’s account, even if the customer pays directly to XYZ later.

Expert Opinions

Tax experts emphasize the importance of compliance with Section 194O to avoid penalties and ensure smooth business operations. According to Rajesh Gupta, a tax consultant, “Section 194O is a significant step towards formalizing the e-commerce sector and ensuring tax compliance among small sellers.”

Actionable Tips for E-commerce Participants

  1. Maintain Accurate Records: Ensure all transactions are accurately recorded and PAN or Aadhaar details are updated.
  2. Understand TDS Provisions: Familiarize yourself with TDS rates and exemptions under Section 194O.
  3. Seek Professional Advice: Consult with tax professionals to ensure compliance and optimize your tax liabilities.

Conclusion

Section 194O marks a pivotal shift in how e-commerce transactions are taxed in India. By bringing e-commerce participants into the tax net, the government aims to enhance tax compliance and revenue collection. Staying informed and compliant with these regulations is crucial for e-commerce participants and operators.

Call to Action

Looking for expert assistance with your tax compliance and business registrations? Filingwala.com offers comprehensive accounting and legal services, including trademark registration, company startup registration, income tax, GST, and other taxes. Get started today and ensure your business stays compliant and successful!

FAQ

Q1: What is Section 194O?

Section 194O mandates that e-commerce operators deduct TDS on payments made to e-commerce participants for sales of goods or services facilitated through their platforms.

Q2: Who needs to comply with Section 194O?

Both e-commerce operators and participants must comply. Operators deduct TDS, and participants ensure their PAN or Aadhaar details are provided to avoid higher TDS rates.

Q3: Are non-resident e-commerce participants subject to Section 194O?

No, non-resident e-commerce participants are exempt from Section 194O.

Q4: What is the TDS rate under Section 194O?

The TDS rate is 1% of the gross amount of sales or services. If PAN or Aadhaar is not provided, the rate is 5%.

Q5: When should TDS be deducted under Section 194O?

TDS should be deducted at the time of crediting the amount to the participant’s account or at the time of payment, whichever is earlier.


By following this comprehensive guide and ensuring compliance with Section 194O, e-commerce participants and operators can navigate the complexities of tax regulations with confidence. Stay ahead of your tax obligations and explore the expert services offered by Filingwala.com to keep your business running smoothly and efficiently.

Understanding GST on Notified Services by E-Commerce Operators u/s 9(5)

Understanding GST on Notified Services by E-Commerce Operators u/s 9(5)

Welcome to our comprehensive guide on GST on notified services by e-commerce operators under Section 9(5) of the CGST Act. If you’re an e-commerce operator or a service provider working through one, this article is your one-stop resource to understand the intricacies of GST compliance. We’ll break down complex legal jargon into simple, actionable insights that you can apply to your business today.

What is Section 9(5) of the CGST Act?

Section 9(5) of the Central Goods and Services Tax (CGST) Act places the liability of tax payment on e-commerce operators for certain notified services. This means that if you’re operating a business that provides services such as passenger transport, housekeeping, restaurant services, or accommodation through an e-commerce platform, the platform itself is liable to pay the GST, not you.

Imagine you’re running a small cloud kitchen and listing your services on a platform like Zomato or Swiggy. Traditionally, you would be responsible for the GST. However, under Section 9(5), it’s the e-commerce operator (Zomato or Swiggy in this case) who pays the tax, simplifying compliance for you.

Applicability of Section 9(5)

Passenger Transport Services

E-commerce platforms providing passenger transport services, such as Ola and Uber, fall under Section 9(5). These platforms are required to pay GST on behalf of drivers, making tax compliance smoother for individual service providers.

Housekeeping Services

For housekeeping services offered through platforms like UrbanClap, the GST liability shifts to the platform. This includes services like cleaning, maintenance, and repairs.

Restaurant Services

This category, including cloud kitchens, has seen significant changes. As of January 1, 2022, platforms like Zomato and Swiggy are responsible for paying GST on restaurant services offered through them. This is a boon for small and medium-sized eateries that no longer have to manage GST compliance themselves.

Accommodation Services

E-commerce operators providing accommodation services, such as Airbnb, are also liable for GST under Section 9(5). This ensures a standardized tax process for hosts and guests.

How Section 9(5) Differs from Section 52

BasisSection 52Section 9(5)
Collection of TCS/Tax LiabilityTCS to be collected by the e-commerce operator on the net value of taxable supplies made by other suppliers through it.Liability of tax falls on the e-commerce operator, treated as the supplier.
RegistrationCompulsory registration for both the e-commerce operator and the actual supplier.Voluntary registration for the actual supplier; mandatory for the e-commerce operator.
Threshold ExemptionNot applicable.Applicable for the actual supplier.
ComplianceForm GSTR-8 to be filed monthly. Form 2A reflects details entered by the operator.Form GSTR-3B, specifically Table 3.1.1.
Reverse Charge MechanismNot applicable.Applicable.

GST Registration Requirements

E-commerce operators must register under GST regardless of their turnover. This is mandatory as per the CGST rules. However, service providers under Section 9(5) can benefit from a threshold exemption, meaning they don’t need to register for GST even if their turnover exceeds the limit.

Compliance and Return Filing

For E-Commerce Operators

E-commerce operators need to file Form GSTR-3B, including a new table (Table 3.1.1) introduced on August 1, 2022, for reporting supplies made under Section 9(5). Payment of tax must be made in cash, as Input Tax Credit (ITC) cannot be used.

For Service Suppliers

Service suppliers must also report their supplies in Table 3.1.1 of Form GSTR-3B. However, since the e-commerce operator handles the tax payment, suppliers don’t need to make any tax payments themselves.

Penalties for Non-Compliance

Non-compliance with TCS provisions as per Section 122(1B) can lead to penalties. However, e-commerce operators under Section 9(5) are subject to general penalties for non-compliance, ensuring fair practices and adherence to tax laws.

Key Takeaways

  • Section 9(5) shifts GST liability to e-commerce operators for specific services.
  • Simplified Compliance: Small businesses benefit as they no longer need to handle GST payments directly.
  • Mandatory Registration: E-commerce operators must register under GST, while service providers enjoy threshold exemptions.
  • Compliance Requirements: Specific forms and tables need to be filed to ensure proper tax reporting.

Navigating GST compliance can be complex, but understanding the provisions of Section 9(5) can significantly simplify the process for both e-commerce operators and service providers. By shifting the tax liability to the platform, the CGST Act aims to streamline operations and ensure efficient tax collection.

For more personalized advice and assistance with GST compliance, reach out to Filingwala.com. Our expert team offers comprehensive services, including company registration, trademark registration, and various tax services, ensuring your business stays compliant and successful.

Frequently Asked Questions (FAQ)

Q1: What is Section 9(5) of the CGST Act? A1: Section 9(5) places the GST liability on e-commerce operators for specific notified services, meaning the platform pays the tax instead of the service provider.

Q2: Which services are covered under Section 9(5)? A2: Services such as passenger transport, housekeeping, restaurant services, and accommodation provided through e-commerce platforms fall under this section.

Q3: How does Section 9(5) benefit small businesses? A3: Small businesses benefit as they no longer need to handle GST compliance directly; the e-commerce operator takes on this responsibility.

Q4: Do e-commerce operators need to register for GST? A4: Yes, e-commerce operators must register under GST, regardless of their turnover.

Q5: What are the compliance requirements for e-commerce operators under Section 9(5)? A5: E-commerce operators need to file Form GSTR-3B, reporting supplies under Section 9(5) in Table 3.1.1, and pay the tax in cash.

Q6: What happens if an e-commerce operator fails to comply with GST provisions? A6: Non-compliance can result in general penalties for e-commerce operators under Section 9(5).

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My Supplier Didn’t File His GST Return on Time: Can I Still Claim Input Tax Credit?

Table of Contents

  1. Introduction
  2. Understanding the Challenge
  3. The Impact: Cash Flow and Beyond
  4. Exploring Options: Can You Still Claim the ITC?
  5. Seeking Resolution: What if Communication Fails?
  6. Preventive Measures: How to Avoid This Challenge in the Future
  7. Additional Considerations: When You’ve Already Filed Your Return
  8. Conclusion: Protecting Your ITC Rights
  9. FAQs

Introduction

As a business owner in India, claiming Input Tax Credit (ITC) is crucial for managing your cash flow and reducing your overall tax burden. However, situations can arise where claiming ITC becomes a challenge. One such scenario is when your supplier delays or fails to file their GST return on time. This article aims to address this specific issue, offering clear explanations and potential solutions for Indian businesses.

Understanding the Challenge

The Deadline Dilemma

Every registered GST taxpayer must file a return, typically GSTR-3B, by a specific deadline for each tax period. This return includes details of all supplies made and received. For you to claim ITC on a purchase, your supplier must report the same transaction in their GSTR-3B. If your supplier misses their filing deadline, it creates a hurdle in claiming your rightful ITC.

A Recent Rule Change (December 2022)

It’s important to note a recent change in the GST rules. Previously, a supplier only needed to report the sale in their GSTR-1 (a simpler return) for you to claim ITC. However, as of December 2022, with the introduction of Rule 37A under the CGST Act, a supplier’s GSTR-3B filing becomes crucial for your ITC claim.

Let’s Consider an Example

Imagine you purchase goods worth ₹1,00,000 (including 18% GST) from a supplier in July 2024. You receive a proper GST invoice and duly reflect the purchase in your own GST return for July, claiming ITC of ₹18,000. However, if your supplier fails to file their GSTR-3B for July by the deadline (usually by 20th of August), you might be unable to claim the ITC.

The Impact: Cash Flow and Beyond

Delayed ITC claims can significantly impact your business cash flow. The claimed ITC amount essentially reduces your overall GST liability, acting as a credit. When this credit is unavailable due to supplier delays, you may face:

  • Higher GST Outgo: You might end up paying more GST to the government, impacting your working capital.
  • Cash Flow Strain: Delayed ITC means less money readily available for business operations.
  • Compliance Issues: Unclaimed ITC discrepancies with your supplier’s records might raise concerns during GST audits.

Exploring Options: Can You Still Claim the ITC?

Communicate with Your Supplier

This is the first step. Reach out to your supplier and politely inquire about the delay in filing their GST return. Explain the impact on your ITC claim and urge them to file it at the earliest.

Gather Evidence

Maintain a copy of the valid GST invoice received from your supplier. Additionally, document your communication attempts regarding the delayed filing.

Consider Filing GSTR-2A Reconciliation Statement

The GSTR-2A reflects information your suppliers have uploaded about their sales to you. If the purchase is reflected in your GSTR-2A, you might be able to claim a portion of the ITC (up to 10% of your total ITC liability) subject to certain conditions. However, this is a temporary measure, and the full ITC can only be claimed once the supplier files their GSTR-3B.

Important Note

The GSTR-2A reconciliation statement relaxation might not be applicable anymore with the introduction of Rule 37A. It’s advisable to consult a tax professional for the latest interpretation of the rules.

Seeking Resolution: What if Communication Fails?

Wait and Watch

If the delay is minor, you could give your supplier some additional time to file their return. However, don’t extend this period indefinitely.

Legal Action

In extreme cases, you might consider legal recourse to recover your rightful ITC claim. However, this should be a last resort due to the time and potential cost involved.

Seek Professional Help

Consulting a Chartered Accountant (CA) specializing in GST can provide valuable guidance on the most suitable course of action for your specific situation.

A Comparison Table: Summarizing Your Options

OptionDescriptionAdvantagesDisadvantages
Communicate with SupplierRequest them to file their GSTR-3B at the earliest.Simplest approach, maintains good supplier relationship.Relies on supplier’s cooperation, might not be effective if supplier is unresponsive.
Gather EvidenceKeep copies of valid GST invoices and document communication.Provides proof of attempts to comply.Does not resolve the issue if the supplier remains non-compliant.
File GSTR-2A ReconciliationReflect the purchase in GSTR-2A and claim partial ITC.Temporary relief by claiming partial ITC.Full ITC can only be claimed once the supplier files GSTR-3B.

Preventive Measures: How to Avoid This Challenge in the Future

Planning and Proactiveness

While supplier delays can occur, there are steps you can take to minimize the risk and protect your ITC claims:

  • Choose Reputable Suppliers: When selecting suppliers, consider their GST compliance history. Look for suppliers with a good track record of timely GST filing.
  • Review GST Invoices Carefully: Ensure you receive proper GST invoices from your suppliers. These invoices should include all mandatory details like GSTINs, HSN codes, and tax breakup.
  • Track Supplier GSTR-2A Statements Regularly: Monitor your GSTR-2A statements to verify your suppliers are reporting your purchases accurately. Discrepancies might indicate potential filing delays on their end.
  • Maintain Clear Communication: Develop a clear communication process with your suppliers regarding GST compliance. Emphasize the importance of timely GST return filing and its impact on your ITC claims.

Building a Collaborative Approach

By implementing these preventive measures, you can create a more collaborative environment with your suppliers regarding GST compliance. This, in turn, helps ensure timely filing and protects your ITC claims.

Additional Considerations: When You’ve Already Filed Your Return

If you’ve already filed your GST return for the period including the purchase from a supplier who hasn’t filed theirs, there might be additional considerations:

  • Revised Return: In some cases, you might be able to file a revised return reflecting the purchase once your supplier files their GSTR-3B. However, this option might have limitations depending on the specific timelines and GST authority regulations.
  • Interest and Penalty: There’s a risk of attracting interest and penalty on the unclaimed ITC amount if the delay extends beyond a certain period. Consulting a tax professional is crucial to understand the potential consequences and navigate the situation effectively.

Conclusion: Protecting Your ITC Rights

Claiming ITC is a vital aspect of GST compliance for businesses in India. While supplier delays can create challenges, understanding the rules, exploring potential solutions, and implementing preventive measures can help you navigate this situation effectively. Remember, clear communication with your suppliers and a proactive approach are key to protecting your ITC rights and ensuring a smooth GST filing process.

Disclaimer: This article is for informational purposes only and should not be construed as professional tax advice. It’s always recommended to consult a qualified Chartered Accountant (CA) for specific guidance on your unique business situation and the latest GST regulations.

For expert assistance in managing your GST compliance, including claiming ITC and handling supplier delays, contact Filingwala.com. Filingwala.com provides comprehensive accounting services, including trademark registration, company startup registration, income tax, GST, and other tax-related services. Let Filingwala.com help you navigate the complexities of GST and ensure your business stays compliant and efficient.

FAQs

1. Can I claim ITC if my supplier has not filed their GST return on time?

If your supplier has not filed their GST return on time, you may face difficulties in claiming ITC. However, there are options such as communicating with your supplier, gathering evidence, and considering a GSTR-2A reconciliation statement to claim partial ITC temporarily.

2. What are the consequences of not claiming ITC on time?

Not claiming ITC on time can result in higher GST outgo, cash flow strain, and potential compliance issues during GST audits. It is crucial to ensure timely GST return filing by both you and your suppliers to avoid these consequences.

3. How can I avoid facing ITC claim issues in the future?

To avoid ITC claim issues, choose reputable suppliers with a good GST compliance history, review GST invoices carefully, track supplier GSTR-2A statements regularly, and maintain clear communication with your suppliers regarding GST compliance.

4. What should I do if my supplier is unresponsive to my communication?

If your supplier is unresponsive, consider waiting and watching for a short period, seeking professional help from a Chartered Accountant, or, in extreme cases, pursuing legal action as a last resort.

5. How can Filingwala.com help me with my GST compliance?

Filingwala.com provides comprehensive accounting and legal business services, including GST compliance, trademark registration, company startup registration, and more. Their expert team can assist you in managing your GST compliance, claiming ITC, and handling any supplier-related issues to ensure your business remains efficient and compliant.

How to Login to the GST Portal Online on Your Mobile Phone in India? 2024

How to Login to the GST Portal Online on Your Mobile Phone in India?
Two young adults sitting indoors, holding smart phones, surfing the net generated by artificial intelligence

Introduction to the GST Portal

As an Indian taxpayer under the Goods and Services Tax (GST) regime, managing your compliance seamlessly is crucial. The GST portal acts as your one-stop digital hub, facilitating critical tasks like registration, return filing, tax payments, and information access. While the portal’s functionality shines through desktop browsers, its mobile-friendly design empowers you to stay GST-compliant on the go.

Why Login to the GST Portal on Mobile?

In our fast-paced, digital era, the ability to manage your GST obligations from anywhere is a game-changer. Logging into the GST portal on your mobile device offers unparalleled convenience, allowing you to:

  • File returns and make tax payments while traveling
  • Access real-time GST information at your fingertips
  • Update your profile and track application status remotely
  • Ensure timely compliance, avoiding potential penalties

By mastering the mobile login process, you unlock a world of mobility and flexibility, streamlining your GST journey like never before.

Choosing the Right Login Method

Before we dive into the login steps, it’s essential to understand the three primary login methods available on the GST portal’s mobile interface. Your chosen method will depend on your registration status:

Login MethodDescriptionApplicable Users
Username and PasswordThis method is for existing users who have already completed their GST registration and received login credentials.Existing GST registrants
ARN (Application Reference Number) and OTP (One-Time Password)This method is for first-time login after successful GST registration. You’ll receive the ARN and a temporary password via email.Users who recently completed GST registration
TRN (Temporary Reference Number) and OTPThis method applies during the initial stages of GST registration. You’ll receive the TRN after submitting the online registration form.Users initiating new GST registration

Step-by-Step Login Instructions with Visuals

Now, let’s walk through each login method step-by-step, ensuring a smooth and hassle-free experience on your mobile device.

Username and Password Login

  1. Open your preferred mobile browser and navigate to https://services.gst.gov.in/services/login.
  2. Locate the “Login” button in the top right corner of the homepage and tap on it.
  3. On the login page, enter your registered Username and Password in the designated fields.
  4. Solve the captcha code displayed on the screen to verify your human identity.
  5. Once all fields are filled correctly, tap the “LOGIN” button to access your GST account.

ARN and OTP Login

  1. Access https://services.gst.gov.in/services/login in your mobile browser.
  2. Locate the “First Time Login” section and click on “Click here to Login” beneath it.
  3. Input the ARN you received via email in the designated field.
  4. Enter the temporary password sent to your registered email address.
  5. Complete the captcha verification process.
  6. Click the “LOGIN” button to proceed.
  7. Once logged in, you’ll be prompted to create a new, permanent username and password for future logins.

TRN and OTP Login

  1. Launch your mobile browser and visit https://services.gst.gov.in/services/login.
  2. On the homepage, navigate to “Services” > “Registration” > “New Registration.”
  3. Under registration options, select “Temporary Reference Number” and click “Continue.”
  4. Input the TRN you received after submitting the online GST registration form.
  5. Enter the OTP (One-Time Password) sent to your registered mobile number and email address.
  6. Click the “Verify” button to finalize the login process and proceed with registration steps.

Mobile vs Web Portal: Feature Comparison

While the GST portal’s mobile web version offers most functionalities available on the desktop web portal, some features may have a slightly different layout or require more scrolling due to the smaller screen size. Here’s a quick comparison table:

FeatureMobile VersionWeb Version
LoginYes (all methods)Yes (all methods)
Registration (New)Limited Functionality (TRN verification)Full Functionality (complete registration form)
Return FilingYes (most return types)Yes (all return types)
Payment of TaxesYesYes
Track ApplicationsYes (limited view)Detailed view with additional functionalities
Reports and LedgersYes (basic reports)Comprehensive reports and ledger download options
Profile ManagementYes (basic updates)More extensive profile management options

Pro Tips for a Seamless GST Mobile Experience

  1. Remember Login Credentials: Use a secure password manager app to store your GST portal login information, eliminating the need to memorize complex passwords and reducing the risk of unauthorized access.
  2. Troubleshoot Login Issues: If you encounter login problems, click the “Forgot Password?” link on the login page and follow the password reset steps. Additionally, you can contact the GST helpline at 0120-4888999 or visit the official GST portal website for troubleshooting resources.
  3. Update Your Device: Ensure your mobile device’s operating system and web browser are up to date with the latest security patches to safeguard against potential vulnerabilities.

Prioritizing Security: Protecting Your GST Login

The security of your GST portal login credentials is paramount. Follow these essential security reminders:

  • Use Strong, Unique Passwords: Avoid easily guessable information like birthdays or simple sequences. Instead, create a complex password combining uppercase and lowercase letters, numbers, and special characters.
  • Maintain Confidentiality: Treat your login credentials with utmost confidentiality. Do not share them with anyone, and avoid logging in on public Wi-Fi networks, which can be vulnerable to hacking attempts.
  • Stay Updated: Keep your mobile device’s software updated to benefit from the latest security patches and prevent potential exploits.

By following these best practices, you can ensure the safety and integrity of your GST data, fostering a secure and compliant experience on the go.

FAQs on GST Mobile Login

Q: Do I need a separate login for the mobile version of the GST portal?

A: No, you can use the same login credentials (username and password or ARN/TRN and OTP) across both the mobile and web versions of the GST portal.

Q: Can I complete my entire GST registration process on the mobile portal?

A: While you can initiate the registration process by verifying your TRN and OTP, the mobile version has limited functionality for completing the full registration form. It’s recommended to use the web portal for a seamless registration experience.

Q: How often should I update my GST portal login password?

A: It’s advisable to change your GST portal password every few months or immediately if you suspect any unauthorized access or security breach.

Q: Can I file all types of GST returns on the mobile portal?

A: The mobile portal supports filing most return types, but some advanced or less frequently used returns may only be available on the web version.

Q: Is it safe to log in to the GST portal on public Wi-Fi networks?

A: It’s generally not recommended to log in to the GST portal on public Wi-Fi networks, as they may be vulnerable to hacking attempts. If unavoidable, use a Virtual Private Network (VPN) to encrypt your internet traffic.

Get Expert Assistance with FilingWala

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With a team of experienced professionals and cutting-edge technology, FilingWala offers a hassle-free solution to manage your GST obligations effectively. From registration and return filing to tax payments and compliance advisory, they’ve got you covered every step of the way.

By partnering with FilingWala, you can:

  • Ensure accurate and timely GST compliance, avoiding penalties and legal complications.
  • Focus on growing your core business while experts handle the tedious GST tasks.
  • Access expert guidance and personalized support tailored to your unique requirements.
  • Leverage advanced tools and software for efficient GST management.
  • Stay updated on the latest GST regulations and amendments.

Don’t let GST complexities hinder your business success. Empower yourself with FilingWala’s expertise and experience a seamless, stress-free GST journey. Contact them today to unlock the full potential of GST compliance on the go.

In conclusion, mastering the art of GST portal login on your mobile device is a game-changer for Indian taxpayers. By following the step-by-step instructions, security best practices, and seeking expert assistance when needed, you can stay GST-compliant from anywhere, anytime. Embrace the convenience of mobile GST management and unlock a world of flexibility for your business or personal tax obligations.

Call to Action: Take the first step towards hassle-free GST compliance by reaching out to FilingWala. Their dedicated team is ready to guide you through the entire process, ensuring you never miss a beat when it comes to your GST obligations. Visit filingwala.com or contact them today to experience the ultimate in GST convenience and peace of mind.