GST on GTA service

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in December, we availed gta services from 2 different gta service provider.

one have charged gst but other one have not in their consignment note issued to us.

please help and resolve below enquiries

1. From 1st gta can we claimed itc on GST paid.
2. from 2nd we have to pay gst on reverse charge basis and can we take itc of the same.

please reply
Replies (15)
for 1st one:
if you have paid 5% tax, then no ITC . But if you have paid 12/18% , the same can be taken as input.

for 2nd one.
if you pay 5% , can't claim the same as input .
if you pay 12%/18%, the same can be claimed .

please correct me If I am wrong.....please
srilata Maduriii. U r perfectly right.i agree with u
thanks @ Rajesh Chowdary
@ Srilatha...that is for the transporter and not for service recipient... Transporter can't claim itc if they charge 5% gst on their bill.... Recipient of service can claim itc... Pay rcm @ 5% in case of 2nd option and take itc
sry sir, I didn't get you. please elaborate.
thanking u
@ Divakar sir. sry sir, I didn't get you. please elaborate. 
thanking u
Whay you said is for transporter and not for recipient of GTA service.... Transporter has option they can charge gst in forward charge... If in forward charge they will charge 5% gst that they r not eligible for itc on their inward supply.... If they charge 12% in forward charge then they r eligible for their inward supply itc.... Receipent of service is eligible for itc
@ divakar sir.
sir you mean to say that service receipient when he is liable to pay tax under RCM, he can pay the tax and claim the input irrespective of the percentage paid
Yes... 5% with no itc or 12% with itc is only applicable to GTA and not for recipient of service
That provision is for only GTA and not recipient of service... If GTA charge 5% gst on their bill then also recipients of service is eligible for take itc.... But gta not eligible for taking itc
I got it sir. thanks @ Divakar sir.
@ divakar I agree with you,

and for RCM please check GST notification of 15th Nov 2017 in which GST council decided to waive off the liability to pay RCM on purchase from taxable supply from unregistered person.

but if you have take any supply from register person and no GST paid by service provider than you have to pay RCM on it .

please correct me if I am wrong...
But vijay section 9(4) rcm has been portponed by government and section 9(3) still applicable... And GTA service is notified under section 9(3)....plz refer that

you can claim what ever you are paying  and if related to business you can get credit., if RCM also


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