Clarification regarding Taxability of service under Forward Charge or Reverse Charge

Ritesh Kumar (Chartered Accountant ) (24 Points)

27 April 2022  

Recently a test Van for stamping of weighment bridge was hired from Indian Railway. Accordingly, the D.M.E.(0&F), E.Rly., Asansol intimated to pay the following amount towards hire charge of Test van:

Particulars

Amount in Rs

Hire charge of Test Train

4,18,050

GST @ 5%

20,903

Total

4,38,953

The Clarification is being required regarding

1. Whether GST is Payable under Forward charge or Reverse charge for this service. ( This is not transportation of goods or passenger)

As per Sl. No. 5 of Notification No. 13/2017, Central Tax (Rates), dated 28.06.2017, services supplied by Railway (Central Government) to a business entity excluding renting of immovable property and transport of goods and passengers shall come under Reverse Charge Mechanism.

So this being renting of movable property is covered under Entry 5 and hence RCM is applicable.