Whether RCM applicable on JCB Loading Unloading Charges

We hire JCB Machine in the company for loading unloading of material in factory premises, is that covered under RCM. Or shall we consider it in the nature of rent of machinery hired.

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Quick Summary
This discussion explores whether Reverse Charge Mechanism (RCM) applies to charges for hiring JCB machines for loading and unloading materials within factory premises. The consensus leans towards treating it as 'rent of machinery', meaning RCM is not applicable. However, if the same vendor provides labour for loading/unloading, it could be classified as GTA services, potentially falling under RCM if hamali charges are included in the invoice. If labour is charged separately, it's considered manpower supply, and RCM won't apply.

In our opinion it must be considered as Plant & Machinery and not eligible under RCM. 

The expenses should be treated as Rent on Machinery, as its purely hiring of JCB machine at your company. So the vendor who is providing this service will not come under RCM.

But in case

1. same vendor is providing labour along with that for loading unloading then it will be treated as of GTA services.

2. If invoice is raised inclusive of these hamali charges, GST will be paid @ 5% under RCM.

3.If charged separately, it will fall under manpower supply and RCM will not be applicable. Under FCM, rate will be 18%.

Section 9(3) of CGST Act read with Notification No.13/17-CT(R) dated 28.6.17 is applicable for the purpose of RCM.

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