25 September 2020
We are registered Transporter (GTA). We transport mainly Cement. We carry Cement from Manufacture Factory (Our Client) to Dealer. We make Transport Invoice without GST. The Manufacture paid GST on our behalf on RCM Basis. Now Our Clint (Cement Manufacturer) orders us for Loading/ Unloading work separately. They asked us to charge GST on our Sell Invoice (Forward Charge). Our local Lawyer said it is possible they said “if Loading/Unloading Services are included in GTA services and not provided as independent activities, then they are also covered under GTA .If Loading/Unloading Services provide independent activities then they are not fall GTA services” Now Question is: 1. Whether we charge Tax in our sell Invoice for loading /unloading Services? 2. If yes then what is the Tax Rate and HSN code? 3. Is A GTA can make two kind of Invoice in same financial year – 1.Forward Charge (Loading/Unloading Services) or 2.Reverse Charge (Transportation of Goods by Road)
25 September 2020
1. Yes, you need to charge GST 2. N.E.C 9967 since no specific SAC for loading and unloading- rate 18% 3. Yes you can provide GTA and other services also.
However, my view is to avoid it because you are basically breaking an integrated activity of GTA where generally loading/unloading is integral part of transportation.
CAclubindia
