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Whether an individual truck in gta?

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(Querist)
20 August 2017 I am (A partnership Firm) a SK Oil Dealer. My Oil is carried by an Individual truck owner. The fare almost Rs.10.00 Lacs per year (more than Rs.5000/- a day). The truck owner does not issue any consignment not in the normal course of business. He works only for me and carry only 1 type of goods to and from a specified location.
So my question is whether the truck owner is GTA? Do I have to Pay GST under reverse charge? Please give if REFERENCE to any case laws if available.

Thanking You
Tushar Drolia
(9474560148)
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Giriraj Tibrewal

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Giriraj Tibrewal (Expert)
20 August 2017 No He is Not a GTA, You have to Pay GST @12%
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CA R SEETHARAMAN

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CA R SEETHARAMAN (Expert)
20 August 2017 As he isn't a GTA no need for you to pay gst under RCM. Such transport is exempt from gst. See exemption schedule for services.
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