Home > Money > Question
Need Expert Advice?Our Gurus Can Help

GST Implications for Selling to Schools without GST Number

T S Khurana

T S Khurana   |462 Answers  |Ask -

Tax Expert - Answered on Oct 18, 2024

A certified management accountant since 1993, T S Khurana is a fellow member of The Institute of Cost Accountants of India. His areas of expertise are income tax, specifically litigation cases, and GST.

Since the last 21 years, he has also been providing expert advice on financial matters, including investments and diversification of funds, and wealth building in the long term to his clients.
He believes that investment in real estate is the safest way for better returns and wealth generation over a period of time.

A former chairman of the Chandigarh Chapter of Institute of Cost Accountants of India, T S Khurana has also served as member of its technical committee.... more
Asked by Anonymous - Jul 12, 2024Hindi
Listen
Money

Dear Sir, I am running a proprietor firm registered under GST and trading in Office stationery. I have a query. When I supply items to registered gst clients, I add my profit amount to the cost price of the item and then add required gst amount to it. This is normal and clear to me. But, recently, I got to sell items to a school which does not have gst number and does not come under ambit of gst. So, I have to supply items with zero gst added to the final product price. In such a transaction, how I will calculate my profit margin and what will be tax implication for my firm. Pls advise. Thanks.

Ans: Any material supplied to Un-Registered Dealer (in this case School), is liable to pay GST, which you add in your Bill/Invoice.
Your bill should be with GST as applicable. School is obliged to pay you inclusive of GST.
School is not under the ambit of GST means, any supplies from school to the children is not subject to GST.
How to adjust your profit is your internal matter & has noting to do with GST.
Most welcome for any further clarifications. Thanks.
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
Money

You may like to see similar questions and answers below

Abhishek

Abhishek Shah  | Answer  |Ask -

HR Expert - Answered on Feb 17, 2023

Listen
Career
I'm sole trader doing business with a turnover of not more than 10 lac per anum. When I supply food items they insist on gst. I dont have. What to do
Ans: Hello Muthu,

I hope you're doing well.

As a sole trader, if your turnover is not more than 10 lakh per annum, you are exempt from registering for GST. However, if your customers are insisting on GST, it may be because they are registered under GST and are required to collect and remit GST on the goods they purchase.

In this case, you may want to consider registering for GST voluntarily. Voluntary registration will allow you to collect GST from your customers and remit it to the government. It may also allow you to claim input tax credit on your purchases.

To register for GST, you can visit the GST portal and follow the registration process. You will need to provide your business details, PAN card, and bank account details. Once you are registered, you will be issued a GSTIN and can start collecting and remitting GST.

It is important to note that once you are registered for GST, you will be required to file regular GST returns, even if you have no sales or purchases during the period. Failure to file GST returns can result in penalties and interest.

Therefore, you should evaluate whether registering for GST is in your best interest, taking into account the administrative burden of compliance and the impact on your pricing and competitiveness. If you decide not to register for GST, you may want to consider finding customers who are not registered under GST.

I hope this helps. Good luck.

Regards,
Abhishek

..Read more

Tejas

Tejas Chokshi  | Answer  |Ask -

Tax Expert - Answered on Apr 18, 2023

Listen
Money
I'm a Legal professional engaged as a Consultant with a Company and getting INR 1,50,000/- per month (Annual - INR 18.00 Lakh) as Consultancy Fee. In addition to Consultancy Fee., I've been provided with free accommodation in the township. the value of accommodation as per IT Act/Rules is assessed at INR 9,500/- per month (Annual - 1,14,000/). TDS is also deducted !10% on the Consultancy Fee as also on free accommodation under Section 194R (perquisites). My Total Income from Professional is !8 Lakh + 1.14 Lakh (value of perquisites) = 19.14 Lakh. Am I required to get registration under GST and raise GST Invoice on the Company? Kindly clarify. Shall be grateful for the help. Regards, Rakesh Tiwari
Ans: Dear Rakesh, Basis your question, let us unbundle the situation , one after the other.

1) I have understood that you are not an "employee" of the company and so, provisions of "Income under the head Salaries" under the provisions of the Income - Tax Act, 1961 of India, would not be attracted. And so, your income won't fall under the head salaries.

2) Again, as mentioned by you, the TDS is deducted under @10.00% on consultancy fees (under provisions of Sec 194J ) and also on free accommodation.

Section 194 R is a newly inserted section, and it is applicable from July 1, 2022. The wording of this section reads, ... It mandates a person responsible for providing any benefit or perquisite to a resident to deduct tax at source at a rate of 10% of the value or aggregate value of such benefit or perquisite before providing it to the resident......

.......The provision of this section shall not apply to an individual or a Hindu Undivided Family (HUF) whose total turnover/sales/receipt doesn’t exceed INR 1 crore in case of business or INR 50 lakh in case of profession....

TDS deducted under provisions of Sec 194R itself infer that, you are not an employee of the company, else the TDS of such "benefits" would have been deducted under provisons of "Salaries".

In most cases, the deductor of the tax may not be aware about the actual income of yours ( since you are a lawyer, TDS @ 10.00% under section 194R would not have been deducted, if the income from profession is less than ₹50.00 lacs per annum. The deductor might felt to comply with these provisions and may have deducted the TDS AT 10.00% }

To summarise, as explained above,

a. Your income from consultancy fees and as consultant is liable to be taxed under the provisions of "Income from Business Profession" { Section 28 of Income tax Act, 1961}, considering the fact you are a legal professional and getting consultancy fees is your main source of income, under normal course of business.

b. You can claim other legitimate expenses against this income, which you might have incurred to earn this income, as legitimate deduction. Eg. conveyance expenses, stationery expenses, salary payment to your staff,electricity bill, etc.

3) Coming to GST provisions:

There a concept of reverse charge in case of GST , which is applicable to certain class of service providers and legal professional is one of them. As per my reading of the law, if legal services are provided to a corporate body with turnover exceeding Rs 40 lakh, then GST is applicable on reverse charge basis. You are requested to verify, if the consultancy provided by you as consultant to the receiver of the serivices is a corporate & whoes turnover exceeds ₹40.00 Lacs, then, then, it would be the responsibility of the receiver of the services, to honour the GST liability arriving due to payment of consultancy fees to you , as a legal professional, under reverse charge mechanism & if the turnover of such service recipient, is less than ₹40.00 Lacs & if the total receipt under business professional of the service provider exceeds ₹20.00 Lacs, then it is mandatory to obtain GST registration and the onus to collect the GST from the service receiver lies with the servicer provider and to pay to the exchequer.

In either case, GST registration is mandatory, once the turnover exceeds ₹20.00 Lacs in a particular financial year.

..Read more

Ramalingam

Ramalingam Kalirajan  |8342 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Feb 04, 2025

Asked by Anonymous - Aug 08, 2024Hindi
Listen
Money
Hello sir Very very afternoon How To Claim Tax Amount With Out GST Number.
Ans: If you do not have a GST number, you cannot claim GST input tax credit (ITC) or get a refund of GST paid on purchases. However, depending on your situation, there are some ways to manage taxes:

1. If You Are a Salaried Employee
You don’t need a GST number to file income tax returns.
You can claim deductions under Section 80C, 80D, HRA, and other sections to reduce taxable income.
If TDS is deducted, file ITR to claim excess tax refund.
2. If You Are a Business Owner or Freelancer (Without GST Number)
If your turnover is below Rs 20 lakh (service) or Rs 40 lakh (goods), GST registration is not mandatory.
You cannot charge GST on invoices or claim input tax credit on business expenses.
Instead, show expenses as deductions under income tax rules.
3. If You Paid GST but Do Not Have a GST Number
If you have paid GST on any purchase, but you don’t have a GSTIN, you cannot claim ITC.
However, you can include those expenses as business costs to reduce income tax.
4. If You Are Eligible for GST Registration
If your business turnover exceeds the GST threshold, register for GST to claim ITC.
If you voluntarily register for GST, you can claim ITC on future purchases.
5. If You Want a GST Refund Without a GST Number
GST refunds are usually only for registered businesses.
If you are an exporter or have made a zero-rated supply, you need a GST number to claim refunds.
If you were wrongly charged GST, you can request the seller for a refund or avoid paying GST on exempted items.
Final Insights
Without a GST number, you cannot claim GST input tax credit.
For salaried employees, claim deductions under income tax laws.
For businesses, show expenses to reduce taxable income.
If eligible, register for GST to claim ITC and get refunds.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

..Read more

Latest Questions
Ramalingam

Ramalingam Kalirajan  |8342 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 13, 2025

Asked by Anonymous - May 13, 2025
Money
Greetings!!!! I am 43 years Old, I had started 10k per month TATA AIA SIP in previous year for total 7years Plan. I want to education plan for my 1 kid who is 6 years old now. Please advice and guide me about more investments plan, as i am still confused about future growth and any plan for my wife age 38years.
Ans: You're at a critical financial stage. Planning for your child’s education and securing your family’s future are both top priorities. You've already started a ULIP, which is a start. But let’s take a deeper 360-degree view of your situation.

Below is a detailed plan, broken into simple sections for better clarity.



Assessment of Your Current ULIP Investment

You're investing Rs. 10,000 per month in a 7-year ULIP.



ULIPs mix insurance with investment. That reduces the growth power of your money.



Charges like premium allocation, fund management, and mortality charges reduce returns.



Your actual invested amount is much lower in the first few years.



ULIPs have limited flexibility in fund switching and partial withdrawal rules.



Maturity benefits are taxed if the annual premium exceeds Rs. 2.5 lakh. Be cautious of this.



A ULIP is not ideal for education goals or long-term wealth building.



As a Certified Financial Planner, I suggest surrendering this policy and moving funds to mutual funds.



You can continue till 5 years to avoid surrender charges if already started.



But do not renew after the 7-year term. Don't increase contributions in this ULIP.



Planning for Your Child’s Higher Education

Your child is 6 years old. You have around 11-12 years.



College education in India or abroad can cost Rs. 30–60 lakhs or more.



Instead of ULIPs, invest in diversified mutual funds. This will give better inflation-adjusted returns.



Use a mix of large cap, flexi cap and small cap mutual funds.



Start SIPs in these funds with a long-term horizon of 10-12 years.



You may also consider goal-based child education funds that are actively managed.



Don't invest in direct funds. They look cheaper, but don’t offer guidance.



Always invest through a Certified Financial Planner via a regular plan.



Your investment will stay aligned with your goal as the planner will guide with rebalancing.



Use a dedicated SIP only for child’s education goal. Don’t merge it with retirement planning.



Suggested Action Plan for Child’s Education

Shift future contributions from ULIP to SIPs in active funds.



Start with Rs. 20,000 per month SIP only for education.



Review this SIP every year and increase it by 10%-15% annually.



Add lump sums like bonuses or yearly increments into the same goal fund.



In the last 2 years before the education goal, shift to debt funds slowly.



This will protect your accumulated amount from equity volatility.



Investment Plan for Your Wife (Age 38)

She has a long horizon. She can invest for both retirement and her independent needs.



Open a separate mutual fund folio in her name.



Start SIPs in flexi cap, large & midcap, and hybrid funds in regular plans.



You can start with Rs. 10,000 per month and increase gradually.



You may also use her PPF account for additional tax-free corpus.



Avoid investing in gold, insurance policies, or real estate for her.



Ensure she has her own health insurance and a term insurance if she’s working.



If she’s not working, then create an emergency fund in her name.



That gives her independence and safety if she needs cash.



Family Protection with Insurance

You did not mention your term cover. You must have it if not already.



Ideal cover should be 15–20 times your yearly income.



ULIPs or LIC endowment policies should not be considered for protection.



Avoid investment-linked insurance plans. Keep insurance and investment separate.



Review your existing insurance covers. Add riders like critical illness and accident if needed.



Tax Efficient Planning

Use Section 80C wisely. Don’t just rely on ULIP or LIC plans.



Max out PPF, ELSS mutual funds, and children tuition for tax saving.



Invest in actively managed ELSS funds for better returns than ULIPs.



Avoid index funds for tax planning. They may underperform in volatile markets.



Debt funds are taxed as per slab now. Use carefully if short horizon.



Track capital gains if you sell mutual funds. Use new tax rules for equity funds:



  - LTCG above Rs. 1.25 lakh taxed at 12.5%

  

  - STCG taxed at 20%



Plan redemptions well in advance to manage taxes efficiently.



Retirement Planning (For You and Wife)

Start a separate SIP for your retirement corpus. Do not merge with other goals.



You have 17 years for retirement. That’s good for wealth accumulation.



Invest in a mix of actively managed flexi-cap and large-cap funds.



Add hybrid funds to reduce volatility as you near retirement.



Continue EPF, and increase VPF if possible. It is tax-free and safe.



Don't consider NPS if liquidity is important. Maturity rules are rigid.



Use mutual funds with regular advice to stay on track till age 60.



Exit ULIPs and Poor Insurance Products

You mentioned TATA AIA ULIP. Continue for 5 years to avoid penalty.



After that, exit and move funds to SIP in mutual funds.



If you or wife have LIC endowment, Jeevan Saral, or ULIPs, surrender them.



Reinvest maturity amount into SIPs in regular mutual fund plans.



Do not fall for insurance agents who pitch plans as tax saving or guaranteed.



Emergency Fund and Liquidity

Keep at least 6 months of family expenses in a liquid mutual fund.



Don’t use your SIP or education fund as emergency source.



You may open a separate savings bank linked sweep account for this.



This fund will help if there is any job loss, health issue, or urgent need.



What Not to Do

Don’t invest in new ULIPs or insurance-linked plans.



Avoid direct mutual fund investments. You won’t get guided rebalancing.



Do not use your child’s education fund for house down payment.



Don’t pick index funds. They underperform in sideways or bear markets.



Don’t buy land or gold as an investment for your goals.



Final Insights

You are at a very strategic life stage. You have time and income strength.



ULIPs will not help you grow wealth. Shift to goal-based mutual fund SIPs.



Separate goals: child education, your retirement, wife’s security, and emergencies.



Invest only through a Certified Financial Planner for customised long-term support.



Review all goals every year. Increase SIPs with income.



Protect family with pure term insurance and health insurance.



Focus on building wealth in regular mutual funds, not through insurance products.



Real financial freedom comes when goals are funded without stress.



You have a clear head start. Use it with discipline and right guidance.



Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

Close  

You haven't logged in yet. To ask a question, Please Log in below
Login

A verification OTP will be sent to this
Mobile Number / Email

Enter OTP
A 6 digit code has been sent to

Resend OTP in120seconds

Dear User, You have not registered yet. Please register by filling the fields below to get expert answers from our Gurus
Sign up

By signing up, you agree to our
Terms & Conditions and Privacy Policy

Already have an account?

Enter OTP
A 6 digit code has been sent to Mobile

Resend OTP in120seconds

x