Master in Accounts & high court Advocate
9610 Points
Posted on 15 January 2025
RCM Applicability As per the GST Council's notifications, RCM (Reverse Charge Mechanism) is applicable to GTA services provided by:
1. _Unregistered persons_: When the transporter is an unregistered person (e.g., a proprietor concern).
2. _Registered persons_: When the transporter is a registered person, but the recipient is a registered person under RCM. GST Rate and ITC Now, addressing your questions:
*Scenario 1: 5% GST under RCM* 1. _GST Rate_: 5% GST is applicable under RCM. 2. _ITC Eligibility_: Yes, you can take ITC (Input Tax Credit) of the GST paid under RCM.
*Scenario 2: 12% GST* 1. _GST Rate_: 12% GST is applicable when the transporter is a registered person and the recipient is not under RCM.
12. _ITC Eligibility_: Yes, you can take ITC of the GST paid. Difference in Recipient Type (Company or Partnership Firm) The GST implications remain the same whether the GTA services are received by:
1. _A Company_: A private or public limited company.
2. _A Partnership Firm_: A partnership firm registered under the Partnership Act, 1932.
In both cases, the RCM applicability, GST rate, and ITC eligibility remain the same.