GST On Transport & Bussiness

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This discussion clarifies GST applicability on transport businesses, particularly for clients operating a hardware shop and a small transport vehicle. It explains that GST is generally not applicable to transport income, but GTA services fall under Reverse Charge Mechanism (RCM). The advice covers how to declare income under Section 44AE for Income Tax Returns, even when TDS is deducted under Section 194C and income appears in 26AS. It also touches upon ITC claims for new vehicles and how to report transport income in GST returns as 'exempted'.

Madhu M

Madhu M (Querist)

17 December 2021 Dear sir

my client is having hardware shop and Transport Business with 1 small (12000 weight) vehicle only .

FY-2020-21 Transport business is- 8,000,00/- Not Declared in GST but Received in 26AS under 194C section
Asper U/S 44AE - 90000/- income but..

TDS is Deducted how to show in income tax Return???
now my doubt is ..weather GST Applicable on Transport business ??? or RCM ??? How to Adjust in GST for last Year ??? please suggest me sir

Thanks in Advance
Madhu M

CA Rahul Mittal

CA Rahul Mittal (Expert)

17 December 2021 GTA services are under in RCM system in GST. File ITR as per 44AE.

Madhu M

Madhu M (Querist)

19 December 2021 Dear sir my client is having hardware shop and Transport Business with 1 small (12000 weight) vehicle only . FY-2020-21 Transport business is- 8,000,00/- Not Declared in GST but Received in 26AS under 194C section Asper U/S 44AE - 90000/- income but.. TDS is Deducted how to show in income tax Return??? now my doubt is ..weather GST Applicable on Transport business ??? or RCM ??? How to Adjust in GST for last Year ??? please suggest me sir Thanks in Advance Madhu M

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

21 December 2021 GST not applicable on transport business. In case of GTA also it's payable under RCM.
No need for adjustment in GST.
Income tax declare under section 44AE in case of income earned more than 90,000.

Madhu M

Madhu M (Querist)

21 December 2021 Thank you sir

But in 26AS transport business income Received 8,00,000/- under Section 194C
so what to do sir ???

please Advise me

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

21 December 2021 Declare income under 44AE. GST not applicable.

Madhu M

Madhu M (Querist)

21 December 2021 Thank you sir

ITR -4 is ok na sir ???

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)

22 December 2021 In GST RCM on transport will be applicable only when the transporter qualifies as GTA that is issuing consignment note.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

22 December 2021 Yes, ITR 4 okay.........

Madhu M

Madhu M (Querist)

26 June 2022 Good morning sir thanks for Above suggestions and that same client purchased one more heavy vehicles can I clime ITC sir ??? thanks in Advance

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

26 June 2022 What for it's used..
.

Madhu M

Madhu M (Querist)

27 June 2022 Transport of goods sir
But Nor Registered As GTA ..

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

27 June 2022 In such a case ITC can be availed if the goods transported is taxable under GST.

Madhu M

Madhu M (Querist)

27 June 2022 yes sir but we are not transports the Goods Directly ..the other party will hire my lorry and he will give commission After deducting TDS ...so is GST Applicable sir ??? please Advise me

Madhu M

Madhu M (Querist)

09 July 2022 Thank for your suggestion sir
For Transport Income Witch Table i have to show in GST Return
Exempted or nil Rated or no need to show .
With out showing in GST Returns Can i file in 44AE sir ???

please Advise me sir

Madhu M

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

09 July 2022 Show it in exempted .............

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