Manager - Finance & Accounts
57560 Points
Joined June 2010
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:
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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.
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However, since the trucks are provided to a GTA who then undertakes transportation, the service is likely "Renting of trucks" service.
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The SAC code generally applicable for renting of trucks with operator is 996712 (Goods transport by road services).
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If trucks are provided without driver (operator), it would be "Renting of transport vehicles" under SAC 996721.
Q2. Taxability of amount received after deductions:
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The entire freight agreed upon is the gross value of service.
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Amount paid by GTA to driver and for diesel expenses are reimbursements or expenses incurred by the assessee, so these should be excluded.
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The net amount received from GTA (after deducting driver's payment and diesel expenses) is the taxable value for GST.
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The truck owner is liable to pay GST on the net amount received as service consideration.
Q3. How to declare in GST Return:
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Declare the net freight received as taxable value under SAC 996712 in outward supplies (GSTR-1).
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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?
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Yes, freight charges for transportation of goods by road are taxable under GST, irrespective of whether the recipient is registered or unregistered.
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The liability to pay GST is on the service provider (truck owner) if turnover exceeds threshold.
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For unregistered persons, reverse charge mechanism does not apply here; supplier is liable to pay GST.
Q2. How to declare in GST Return?
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The freight income from unregistered persons should be declared as outward taxable supplies under SAC 996712 in GSTR-1.
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GST should be paid on the full freight amount received.
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Even if no invoice is issued, the transaction is taxable and must be reported.
Supporting References / Judgements:
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CBIC Circular No. 134/04/20-GST dated 10.07.20 clarifies the classification of transport services under GST.
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The Goods Transport Agency (GTA) services are taxable under SAC 9967, but renting of trucks to GTA is renting service under 9967 series.
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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 |