Classification of service provided by Truck owner to GTA and their taxation under GST

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Case-1 

The assessee (Registered under GST - Main Business - Selling Cement) has provided his trucks (4 truck) to GTAs (No agreement exists)  and earned freight on trip-by-trip basis.
 
The Assessee received NET amount from GTA after deduction for Cash paid to driver for trip expenses & diesel expenses  from Total Agreed freight on distance basis.
 
Que. 1. What is the classification of this service & SAC ?
 
Que 2. Whether the amount of freight received after deduction from GTA is taxable ?
 
Que. How to declare in GST Return while filing by the assessee.
 
Case-2
 
In addition to above the assessee is also plying trucks for carrying goods to unregistered persons without issuing any documents.
 
Que.1. Whether amount of freight is taxable ?
 
Que.2 How to declare in GST Return while filing by the assessee.
 
Please provide answer with support of any order/ judgement etc
Replies (1)

Hi Sunil,

Here's a detailed response based on GST laws and rulings regarding services by truck owners to GTAs and direct freight to unregistered persons:


Case 1: Truck owner providing trucks to GTAs (no agreement) and earning freight on trip basis

Q1. Classification & SAC Code:

  • The service of hiring trucks with operator to a GTA (Goods Transport Agency) is classified as “Renting of trucks with operator” or “Transport of goods by road service” depending on arrangement.

  • However, since the trucks are provided to a GTA who then undertakes transportation, the service is likely "Renting of trucks" service.

  • The SAC code generally applicable for renting of trucks with operator is 996712 (Goods transport by road services).

  • If trucks are provided without driver (operator), it would be "Renting of transport vehicles" under SAC 996721.

Q2. Taxability of amount received after deductions:

  • The entire freight agreed upon is the gross value of service.

  • Amount paid by GTA to driver and for diesel expenses are reimbursements or expenses incurred by the assessee, so these should be excluded.

  • The net amount received from GTA (after deducting driver's payment and diesel expenses) is the taxable value for GST.

  • The truck owner is liable to pay GST on the net amount received as service consideration.

Q3. How to declare in GST Return:

  • Declare the net freight received as taxable value under SAC 996712 in outward supplies (GSTR-1).

  • Input tax credit on GST paid on fuel/diesel may not be available if the truck owner is not registered for it separately, but expenses reimbursed by GTA should be excluded from taxable value.


Case 2: Assessee plying trucks directly for unregistered persons without issuing any documents

Q1. Whether freight amount is taxable?

  • Yes, freight charges for transportation of goods by road are taxable under GST, irrespective of whether the recipient is registered or unregistered.

  • The liability to pay GST is on the service provider (truck owner) if turnover exceeds threshold.

  • For unregistered persons, reverse charge mechanism does not apply here; supplier is liable to pay GST.

Q2. How to declare in GST Return?

  • The freight income from unregistered persons should be declared as outward taxable supplies under SAC 996712 in GSTR-1.

  • GST should be paid on the full freight amount received.

  • Even if no invoice is issued, the transaction is taxable and must be reported.


Supporting References / Judgements:

  • CBIC Circular No. 134/04/20-GST dated 10.07.20 clarifies the classification of transport services under GST.

  • The Goods Transport Agency (GTA) services are taxable under SAC 9967, but renting of trucks to GTA is renting service under 9967 series.

  • The Supreme Court & various High Court rulings affirm GST applicability on transport services irrespective of recipient registration.


Summary Table:

Case Service Type SAC Code Taxability GST Return Filing
1 Renting trucks to GTA 996712 Taxable on net amount received Outward supply under 996712
2 Transport to unregistered persons 996712 Taxable on full freight amount Outward supply under 996712


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