gta some cases 12 Percent charged

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a GTA not opted to pay tax under forward change but between the year in some cases they charged 12 percent approx in 30 percent cases , is their an issue if yes so what is the solution.

@ RAJA P M SIR 

Replies (8)
GTA has two options: 12%GST with ITC and 5%GST without ITC.
@ Mr Kailash.,


Elobrate with more details for Your query...!

Our client is a GTA (Service Provider) , and opted not to charge any taxes on transportation services but in a case they charges 12 percent gst on forward charge basis on the demand of service receiver, so my que is here that their is any problem comes if charges gst from some client and not from all .

if any problem so what is the solution for that .

note : all the service receipient are liable for RCM.

GTA can either function under 5% RCM or 12% forward charge. It cannot continue with both. Once opting for 12% forward charge it cannot go back to 5% RCM for any of the supplies.
Under GST Regime, the GTA has two options :

1). Either opt for RCM and the Recipient of the Service will be liable to pay GST @ 5% on RCM basis. Note that ITC will not be available in the hands of the GTA. [ Section 9(3) of the CGST Act 2017 ].

OR

2). Opt for Forward Charge and pay GST @ 12% with the full benefit of ITC. [ Section 9(1) of the CGST Act 2017 ].
@ shivam rc ji
but in some cases between the year we charged 12 percent mistakenly on demand of a client so their is any issue ,we not want to take any itc

Once you opt for 12% and issue valid invoice, then you cannot go back to 5% RCM option.

After opting for 12 percent and issue invoice for one financial year can next starting year we can change to 5 percent again.


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