Re: Is IIISLA Membership Taxable
Mrinal Pathak
Rate is 18% (CGST 9%+SGST 9%)
As ICAI has directed its members to add 18% tax on fees/ subscription there is no question of payment in reverse charge by institute.
As Advisory did not asked members to register their GSTIN with it, it is to be inquired from Institutes whether ITC is available or not. And is it going to raise invoices or not?"
As per SAC Code 9992, GST is also payable on Training & Seminars Fees.
Hence, I think GST applicable on Annual Subscription as well as on Training & Seminar Fees.
With Thanks & Regards,
Mrinal Pathak,
Surveyor & Valuer,
Mobile : 9864061309 & 9435112279
Date:- 18.05.2018
Dear Sirs,
In my memory the thread started by Mr. Binu Varkey of Kerala about the applicability of GST (service tax) is a question not only in the mind of Sri Binu and also for many members.
I was told that IIISLA had received a notice from service tax department earlier, when the IIISLA was run by the IRDAI few years back. Now GST is successor of service tax only. Our office bearers seem to have managed up to the regime of service tax. Now GST is to be paid for the collection of subscription from 01.07.2017. Apart from the GST amount, IIISLA need to pay the penalty for not paying the tax on monthly, and also late fees for delayed filing of returns.
The question is if the IIISLA is exempted from the above two i.e penalty and late fees, only the GST amount alone to be paid.
As per GST act, if the service provider services falls under the GST, whether they collect it or not they need to pay the GST in time and this is act as of now.
Now IIISLA have decided to collect from GST from members. But whether they are able to collect it from members, up to the subscription payment received up to 31.03.2018, IIISLA bound to pay the GST.
The issue is not getting sorted at this place. All the seminars are also liable for GST. In such case all the seminar conducted on or after 01.07.2017 also liable for GST. It is not possible from to collect from members in such case IIISLA need to pay from their reserves.
I strongly believe the present council might have taken decision to register and pay the GST as per act from 01.07.2017.
In my opinion the surveyors will come to IIISLA, since the renewal of SLA is also linked with IIISLA membership, they are bound to come to IIISLA to pay the GST (old or current).
I have the following question and if the questions are answered by the present office bearers, the thread started by Mr. Binu will be sorted out.
1. Have you got opinion from Advocate or GST consultant, whether our subscription is liable for that If so please share that said opinion.
2. Whether there is penalty for delay filing (GST 1/GST 3)
3. Whether there is penalty to delay payment of GST (GST 3)
4. Whether the income of the seminar is liable for GST? If so are you going to collect or will it absorbed by the IIISLA
5. For the above all, what is, what is quantum involved?
When the out go of the IIISLA is much it is the duty of the present council to answer the above. Their answer will give a confidence on the council. If they decided to keep silent, the members do not have any options as of now.
Thanking you,
Yours faithfully,
P.Pandiyan,
SIMAX SURVEYORS
18-Arthi Chambers
189-Anna Salai
Chennai 600 006
Phone Office - 044-2852 7766 - 98412-67064
Mobile 98410-32566On Sat, May 26, 2018 at 4:38 PM, YASH GARG <yashg...@outlook.com> wrote:--Very much valid question ,when service tax was not applicable,than how G.S.T. is applicable/ chargeable ?
From: insurance-surveyors-india@googlegroups.com <insurance-surveyors-india@googlegroups.com> on behalf of Binu Varkey <binu.s...@gmail.com>
Sent: Saturday, May 26, 2018 3:52:00 PM
To: Insurance-surveyors-india; Insurance surveyors; indian-insurance-sur eyors; iiisla-bengal
Subject: Is IIISLA Membership TaxableDear Surveyor,--IIISLA is not providing any service for the membership it collects and is not a service provider in any form. How is GST applicable to Membership Fees. When Service Tax was not applicable, how is GST applicable.
Regards
Binu VarkeyInsurance SurveyorSLA-57661, F/S/02399Mob:9447187319
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Mrinal Pathak
Mrinal Pathak,
Surveyor & Valuer,
Mobile : 9864061309 & 9435112279
Dear Sir,The very fact stated regarding other institutes is correct and I agree. But the real fact is that the service rendered by such institutes is completely different. Can anyone point out what service is IIISLA rendering to its members as per GST rules. It is not capable of issuing an ID card as a service to its members. The Other Institutes render lot of services to its members and as per Section 7 of GST Rules GST is applicable. But IIISLA does not render any services as stated in Section 7. The details of GST No, of IIISLA is not shown anywhere in the Website or in the Subscription Notice. As stated Mr.Pandiyan Sir, what is the present status of GST payments made by IIISLA is not clear at any end.Dear Council Members why are you people keeping your mouths shut. Why are you not taking any initiative in identifying the problems faced by the Surveyor Community. Collective efforts is the need of the hour. If you do not act now Private Insurer's will take away 90% of the General Insurance Business by the next financial year. Its time to contain the illegal practices of Private Sector Insurers in using In-House Surveyors, An all India Agitation and Action is required for containing the violation of 64 UM. Issue letters to workshops regarding 64UM conditions and those workshops violating the same should be blacklisted and boycotted by IIISLA members. This will completely change the scenario. Also issue Public Notice in all Leading News Papers regarding the same. I hope IIISLA CC council to wake up.Sincerely
Binu VarkeyInsurance SurveyorSLA-57661, F/S/02399Mob:9447187319