GST Practitioner
55062 Points
Joined June 2017
AS PER NOTIFICATION 22/2019 CT (R) , READ WITH CIRCULAR 130/49/2019:
CONDITION PRESCRIBE FOR RCM ON RENTING MOTOR VEHICLE
1. RECIPENT SHALL BE BODY CORPORATE
2.SUPPLIER MUST BE OTHER THEN BODY CORPORATE WHO IS PAYING TAX AT RAE 5% WITH LIMITED ITC.
NOW IF WE REFER THE NOTIFICATION 11/2017 CT , IT PRESCRIBE 2 RATES FOR RENTING OF MOTOR VEHICLE
1. 5% WITH LIMITED ITC (MEANS CAN CLAIM ITC FROM SAME LINE OF BUSINESS)
2.12% WITH ITC
NOW IF SUPPLIER HAS OPTED THE SCHEME 12% WITH ITC THEN RCM IS NOT APPLICABLE , BUT IF THE SUPPLIER HAS OPTED THE SCHEME OF 5%(WITHOUT ITC) , THE RECIPIENT IS LIABLE TO RCM.
NOTE :AS PER SECTION 2(62) CGST ACT DEFINITION OF INPUT TAX INCLUDES THE TAX PAID ON RCM , HENCE THE RECIPIENT WHO HAS PAID & DONE RCM CAN CLAIM ITC FOR THE SAME.