CAB services provider

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This discussion addresses GST implications for a cab service provider working exclusively for a nationalised bank. It clarifies that GST should be charged, offering two options: 5% without input tax credit on other expenses, or 12% with full input tax credit. If the service includes fuel plus charges, 18% GST applies to the service charge portion. The provider mistakenly charged 18% GST and needs to pay the excess collected to the government. Additionally, the bank is liable to pay GST under Reverse Charge Mechanism (RCM) for future services.

CA Mayuri Jain

CA Mayuri Jain (Querist)

25 January 2021 Dear Sir/Mam
My client provides cab services exclusively to a nationalized Bank. My query in this regard is -
1. whether should he charge GST in his invoices?
2. if no, what will the treatment of already filed 3B and GSTR 1 in which he already charged GST@18%. (18% charged by him mistakenly)
3. if yes, than at which rate?

CA Rashmi Gandhi

CA Rashmi Gandhi (Expert)

26 January 2021 1. Yes you can charge. You have 2 options: Option – 1: Pay GST at a rate of 5%. In this option, the person is allowed to take input tax credit of only GST paid on cab services taken from other persons. Any other GST paid cannot be taken as input tax credit and will simply lapse. Option – 2: Pay GST at the rate of 12%. In this option, the person is allowed to take input tax credit of all input goods and services subject to general restrictions on the use of input tax credit. There can be a case when the customer is charged based on fuel plus service charges. In that case, GST is to be charged at a rate of 18% on service charges. 2. You have paid excess GST, so nothing to be done. As you have collect excess tax, you need to pay such tax to Govt. 3. You have to charged at 12%

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CA Mayuri Jain

CA Mayuri Jain (Querist)

26 January 2021 Thank you so much mam, your reply is really helpful, but i have one more query-
As he is providing services to Bank i.e. body corporate, so whether bank will pay GST on it under RCM??

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CA Rashmi Gandhi

CA Rashmi Gandhi (Expert)

26 January 2021 Bank is liable to pay GST under RCM. So, told Bank to pay GST under RCM in future.

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CA Mayuri Jain

CA Mayuri Jain (Querist)

02 February 2021 thank you so much mam

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CA Rashmi Gandhi

CA Rashmi Gandhi (Expert)

02 February 2021 WELCOME....... MY PLEASURE.........