GST on hiring of motor vehicle

is there any issue if GST has been paid on both rates @ 5% on few invoices and @ 12% on few invoices and no itc has been claimed at all .would there be any problem in future regarding the rates followed?
Replies (8)
Quick Summary
This discussion clarifies the Goods and Services Tax (GST) implications when hiring motor vehicles. It highlights that businesses must choose a single GST rate scheme for the entire financial year: either 5% without Input Tax Credit (ITC) or 12% with ITC. Using both rates within the same financial year is not permitted and may lead to issues with differential tax payments.

Are you Goods Transport Agency or the Service Receiver ?

We r neither gta nor service receiver

Then how are you concerned with the issue ?

General hiring of motor vehicles also has two rates as per notification 20/2017 on 22nd August 2017

Yes if you opt for 5% , the G.TA cannot avail I.T.C on their inputs, where  as in case of 12% , they can avail input on their input services.

If it is the case of service which is liable for reverse charge, the G.T.A  need not care of the tax and it is the recipient has to pay on reverse charge basis. 

 

Yes ........ As per Notification 11/2017 CT(R) , you can opt for only one scheme in Fy ie 5% without ITC or 12% with ITC,.

So you are not allowed to continue with both the scheme in FY .
What if we opted? what is the action to be taken?

In general, where there is no explicit provision to this effect , you may prompted to pay the differential tax between 12 and 5.

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