Tax consultant
70 Points
Joined January 2011
Hi Jithendra Chary,
As mentioned by Pankaj sir above, the rate of tax to be adopted by the supplier of 'renting of motor vehicles' services shall either be 5% or 12%, irrespective of the recipient goods (5%/12%/18%/other)
Example 1: In case A an individual (supplier of renting services) charges Company B Ltd (being recipient of services). A opts to charge 12% rate of GST, then RCM is not applicable.
Example 2: In case A an individual (supplier of renting services) charges Company B Ltd (being recipient of services). A opts not to charge GST in the bill, then B ltd would be mandated to pay RCM @ 5%.
However, in the best interest the exporting Companies may push the small GTA service providers to opt for 5% rate and not to charge GST in the bill to save their working capital.
Hope the above clarifies.