In my view GTA has charged you inadvertently. It is you as a recipient is to discharge your liability to pay under RCM. So you pay and get ITC on it. Ask GTA to get refund from department. GTA will have to return you the wrongly charged tax.
Chhatra ji, GTA already charged on their bill, and uploadad it on gstr 1 , but we had neither taken ITC nor made payment under RCM basis, my query is if he charged and paid to government, can we claim ITC on it?
Mr Raja Recipient can not claim ITC. At the same time recipient has to pay RCM on freight though inadvertently GTA has paid. GTA has to go in for refund for the wrong payment.