Clarification on RCM on renting of motor vehicles and extension of due date for Annual Return for 2017-18 by CBIC



Quick Summary
The CBIC has announced an extension for the 2017-18 Annual Return due date to 31st January 2020, due to technical difficulties faced by taxpayers. Additionally, a clarification has been issued regarding the Reverse Charge Mechanism (RCM) on the renting of motor vehicles. This clarification aims to ensure that suppliers paying GST at 5% without Input Tax Credit (ITC) are subject to RCM, while those paying 12% with full ITC retain their option to avail ITC.

Considering the technical difficulty being faced by the taxpayers, the GST Council had decided to extend the due date for furnishing the Annual Report for the year 2017-18 to 31st January 2020. CBIC has issued Order No 10/2019 – Central Tax dated 26th December 2019 granting the said extension. Also, CBIC has clarified on Reverse Charge Mechanism (RCM) on renting of Motor Vehicles vide Circular No 130/2019 dated 31st December 2019.

1. Extension of due date for furnishing Annual Return for FY 2017-18 -

  

Details

Provision

Order No 10/2019 – Central Tax

Extension of due date for furnishing Annual Return for the Finance Year 2017-18 has been extended to 31st January 2020 (earlier due date was 31st December 2019)

 

2. Reverse Charge Mechanism on Renting of Motor Vehicle -

GST Council recommended RCM for suppliers paying GST @5% without ITC. Suppliers paying GST @12% with full ITC, so that they may have the option to continue to avail ITC. Imposing RCM, otherwise, would have blocked the ITC chain for them. Accordingly, the following entry was inserted in the RCM notification with effect from 1.10.19

 
  

Notf. No

Category of Services

Supplier of Services

Recipient of Services

Notf. 29/2019-Central Tax (Rate) dated 31.12.19

Services provided by way of renting of a motor vehicle provided to a body corporate

Any person (other than a body corporate), paying central tax at the rate of 2.5% on renting of motor vehicles (ITC only of input service in the same line of business)

Any body-corporate located in the taxable territory

RCM at the rate of 5% shall be applicable on the service by way of renting of any motor vehicle designed to carry passengers where the cost of fuel is included in the consideration charged from the service recipient only if the supplier fulfills all the following conditions:

(a) is other than a body corporate;
(b) does not issue an invoice charging GST @12% from the service recipient; and
(c) supplies the service to a body corporate.

(serial No. 15 of the notification No. 13/2017-CT (R) dated 28.6.17 has been amended vide notification No. 29/2019-CT (R) dated 31.12.19)


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About the Author

Founder - TaxMarvel Consulting Services LLP

Rohit is a CA, CS and CMA and Gold Medalist Law Graduate. He has also passed DISA (ICAI). Rohit is Founder of TaxMarvel Consulting Services LLP (a niche consulting firm engaged in providing GST Services to Corporates and SMEs) He was earlier head ofGST Business (GST Suvidha Provider) for Karvy Data Management Servic ... Read more

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