Gst rate, rcm, itc on service from gta leasing rail coaches

We have a person who books our parcels for delivery to our customers, goods are transported through Indian Railway, this person (supplier of service) books a Rail coach on lease, collects all parcels from his parties and sends them through the leased coach. We receive invoice for transportation charges from this person (he is a registered suppler under GST).

Though we have transported goods through him after 01-July-2017, we have not yet received service invoices under GST, reason being his confusion on the rate of GST to be levied. We will pay him after receipt of service invoices.

I found below two entry in CBEC's service rate booklet:-

Sl No Service Descriptttion GST Rate
3 Services of goods transport agency (GTA) in relation to transportation of goods [other than used household goods for personal use] 5% No ITC
14 Transport of goods in containers by rail by any person other than Indian Railways 12% with Full ITC

not sure which one is applicable to him.

Also in item no. 14 above, "by any person" means receipient of service or supplier of service?

I am trying to determine the following:-

Q1. If he needs to levy GST, what is the correct rate, 5% or 12%?

Q2. In 5% it mentions NO ITC, is this applicabie to the receipient of service or the supplier of service.

Q3. Though he is registered under GST, can he still bill us without GST and we pay 5% /12% GST under RCM and then claim ITC?

Q4. if yest to Q3, What will be the rate for RCm and if ITC available on 5% under RCM?

Please help.

Thanks for your time

Narendra

Replies (3)

Ans 1, If you want to take credit of GST, pay 12 % GST on GTA otherwise 5%. 

Ans.2 Automatically replied above.

Ans.3 If he regsiter himself as GTA, he can do this. 

Shashikant, Thanks for the reply.

in Ans 1, are you refering to me (receipient of service) or the GTA? As my Q was from a GTA perspective, what rate he should apply.

and just to confirm, in Ans 3, you are implying that the GTA is registered but still, he can bill us without GST, is this correct?

Thanks for the help.

 

Hi,

Can you please clarify questions in my 2nd reply above?

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