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Itc claim on gta services

ARVIND (ACCOUNTANT) (131 Points)

23 April 2020

sir I have purchase iron and steel and take GTA service 50000/ and gta paid 5% forward charges who show my gstr2A then I am take itc claim this forward charg

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6 Replies

Avinash Kumar (CA-Final Students) (192 Points)
Replied 23 April 2020

I think there is no problem

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RAJA P M ("Do the Right Thing...!!!") (128101 Points)
Replied 23 April 2020

@ Mr Arvind.,

Check out the details correctly in Your GSTR 2A under rcm option...

GTA can't make forward charges with Tax rate @ 5%...

RCM option : Supply attract Reverse Charge - Y / N. If showing Y then You must be pay GST under rcm basis.

If 5% tax then there is option Y applied.

1 Like

Shivam RC (Student) (23683 Points)
Replied 23 April 2020

Exactly Mr Raja Sir...

Goods Transport Agency ( GTA ) have two options :

(i). Either opt for FORWARD CHARGE and pay GST @ 12%

OR

(ii). RCM by Recipient @ 5%.

@ Arvind Sir, since in your case the GTA is Registered and opted to pay GST under Forward Charge, then he is required to collect and pay 12% GST and not 5%.

Check your Tax Invoice and FORM GSTR-2A once. It must be 12% instead of 5%.

If he has collected 5% GST from his customers, then he is doing a mistake and can face litigation problem in the near future. Tell him to issue a DEBIT NOTE as prescribed under Section 34 of the CGST Act 2017 and collect Tax accordingly, to avoid paying General Penalty of upto Rs. 50,000 u/s 125.

3 Like

RAJA P M ("Do the Right Thing...!!!") (128101 Points)
Replied 24 April 2020

@ Mr Shivam RC.,

Well reply by You...

But, I think Mr Arvind saw the GSTR 2A wrongly. He can't see the rcm option is Y / N (yes / no).

Bcoz,
Registered GTA file their GSTR 1 with b2b supply of service with tick option of "Supply atract reverse charge" and it's showing in recipient's GSTR 2A as "Y". It's mean recipient will be pay GST Tax under rcm basis...

nisha paliwal (udaipur) (58 Points)
Replied 24 April 2020

No if someone laible for rcm then recipient has to pay tax and claim itc suppliers can claim refund for such paid GST...here supplier is not laible for pay TDS..