Gst rate on transportation of goods under rcm 5% or 12%

This query is : Resolved

MURARI KARMHE (Querist)
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14 February 2019 The GST Act has prescribed two rates 5% and 12%.
Rate 5% is applicable when ITC has not been claimed on providing transportation service and rate 12% is attracted in other cases.
But how can recipient can know whether the service provider - GTA is availing ITC or not? he has no control on that. As the condition is for the service provider, the rate is also for the service provider. Thus under RCM the only rate applicable is 12%.
Please advice on the above.

CA Anita Bhadra

CA Anita Bhadra (Expert)
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14 February 2019 Option for 5 % without ITC or 12 % with ITC is available to GTA when he is charging GST on forward basis .

For RCM , its only 12 %

VIPIN GUPTA

VIPIN GUPTA (Expert)
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14 February 2019 Under RCM We have to charge 5% or 12%.

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)
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16 February 2019 RCM on transportation is fixed at 5% whether or not GTA is availing ITC.

MURARI KARMHE

MURARI KARMHE (Querist)
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16 February 2019 GST Act has prescribed rate of 5% & 12% without any reference to rcm or forward charge. Now under what condition one can opt a specific rate?