Tax liability on toll project under gst
This query is : Resolved
AMIT RATHI
(Querist)
04 August 2017
Q. We have undertaken Toll Project Contract (BOT) for Rs.50 Crores in 2013 for construction of road and thereafter got permission for collection of Toll Tax for 10 years and Department issued EC Fee Certificate @ 1% Under Rajasthan VAT Act We are making payment of EC Fee on collection of Toll receipts and paid EC fee upto 30/06/2017 a sum of Rs.20 lakhs. Please advise us the following :
1. EC Certificate issued by Deptt @ 1% therefore total liability of EC Fee comes to 50 lacs whereas Company paid Rs.20 lacs. AS GST Act introduced, hence whether we are liable to pay balance Ec Fee of Rs.30 lacs or not ?
2. As Toll project collection is under exemption schedule at S. No. 5 of the Schedule. Therefore let us know whether there is any liability to pay GST on the following :-
i) Collection of Toll receipts.
ii) Whether there is liability of reverse charge on payment to the unregistered contractor who engaged there staff person for Toll collection.
1. EC Certificate issued by Deptt @ 1% therefore total liability of EC Fee comes to 50 lacs whereas Company paid Rs.20 lacs. AS GST Act introduced, hence whether we are liable to pay balance Ec Fee of Rs.30 lacs or not ?
2. As Toll project collection is under exemption schedule at S. No. 5 of the Schedule. Therefore let us know whether there is any liability to pay GST on the following :-
i) Collection of Toll receipts.
ii) Whether there is liability of reverse charge on payment to the unregistered contractor who engaged there staff person for Toll collection.
CA R SEETHARAMAN
(Expert)
05 August 2017
1 collection of toll receipt exempt from GST.
2 No reverse charge applicable as you are not registered under GST.
2 No reverse charge applicable as you are not registered under GST.
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