Urgent

This query is : Resolved 

27 September 2017 DEAR ALL FRIENDS,

OUR COMPANY IS REGISTERED IN GST (NAME A ) ,
WE PROVIDE SERVICE TO RD (NAME B),
BUT TAKE SERVICE FROM URD (NAME C) .
WE PAY GST UNDER RC DUE TO TAKE SERVICE FROM URD (C)

BUT WE HAVE NO GST LIABILITY OUTWARD DUE TO TRANSPORT SERVICE IS SUBJECT TO REVERSE CHARGE AND GST PAID BY SERVICE RECEIVER (B) .

SO WE CAN NOT ADJUST OUR GST AGAINST OUTWARD DUE TO NO LIABILITY ,

HOW CAN REFUND AND TAKE BACK GST WHICH IS PAID BY US FOR SERVICE RECEIVE FROM URD (C)

KINDLY PLZ ....PLZ..


27 September 2017 You can claim refund of such GST paid under RCM.
If you are a GTA hiring vehicle the hire charge is exempt from GST no need to pay GST under RCM.

27 September 2017 THANKING YOU

BUT WE NOT HIRE VEHICLE . WE PAID THEM AS FREIGHT CHARGE (IN HEAD TRANSPORTATION EXPENSES)

04 October 2017 THANKING YOU

BUT KINDLY PLEASE NOTIFICATION/HEADING /GROUP AND OTHER IN WHICH STATE THAT (If you are a GTA hiring vehicle the hire charge )is exempt from GST no need to pay GST under RCM.


04 October 2017 See exemption list.
21.
Services by way of giving on hire -
(a) to a state transport undertaking, a motor vehicle meant to carry more than twelve passengers; or
(b) to a goods transport agency, a means of transportation of goods

04 October 2017 DEAR SIR

THANKS FOR YOUR VALUABLE REPLY

BUT THERE IS SOME CONFUSE AS MENTION BELOW
1. THERE IS NO CLEAR NIL RATE EXEMPTION FOR SERVICE RECEIVER / PROVIDER OR BOTH .

2. IF SERVICE PROVIDER IS URD AND SERVICE RECEIVER (GTA) IS RD THAN THIS EXEMPTION AVAIL FOR GTA(RD)

KINDLY REPLY SIR

04 October 2017 SECONDLY HOW CAN WE GET REFUND ,
BECAUSE TERMS AND CONDITION OF REFUND ONLY FOR MANUFACTURE , EXCESS GST ( INWARD ABOVE THAN OUTWARD ) AND EXPORT GOODS ONLY .

I ALSO SEE FORM RFD 01 I NOT SEE ANY TYPE OF SUCH REFUND

04 October 2017 Yes this exemption is still available.
Refund only for export and excess gst on input than out put.

04 October 2017 Yes this exemption is still available.
Refund only for export and excess gst on input than out put.

05 October 2017 THANKING YOU
But I have already say that WE are NOT HIRE VEHICLE .
WE PAID THEM AS FREIGHT CHARGE (IN HEAD GTA EXPENSES)
so we are not avail for exemption list 21

kindly guide us other option to avoid this gst liability under RCM
can I refund such gst because our outward gst liability nil

05 October 2017 Is your transporter is a GTA and issuing consignment note for transport.

05 October 2017 Yes ! My transporter is a GTA and issuing consignment note for transport.

05 October 2017 Then you can't avoid this gst liability under RCM.


05 October 2017 thnak you Sir,

Ok I agree , I ready to pay GST

But can I refund gst next month or it is my expenses

05 October 2017 It is your expense and claim the amount from the service receiver.

06 October 2017 Ok

But service receiver is RD and pay GST to Govt under RCM
than how can they paid us

06 October 2017 If service receiver is paying under RCM you need not pay GST

06 October 2017 thanks Sir,

You mean
1.If A (URD) provide Freight service to B(RD) and B(RD) same service (Freight ) provide to C (RD)

2. And C(RD) Pay GST 5% under RCM on freight service receive from B(RD).

3. You say that B(RD) not need to pay GST 5% under RCM on freight service from A(URD) although A in (URD).

Is I am Right ,

07 October 2017 Yes you are right.............................

07 October 2017 Thanks Sir

But gst rules says that if any RD purchase from URD , RD should be pay GST as normal rate under RCM


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