Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

GST under RCM

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... GST under RCM
Query (Issue) Started By: - Ethirajan Parthasarathy Dated:- 14-1-2020 Last Reply Date:- 16-1-2020 Goods and Services Tax - GST
Got 2 Replies
GST
Tax liability under RCM for both GTA and renting of motor vehicle for transport of passenger are provided vide entry 1 and 15 respectively of notification 13 of 2017 CGST Rate. Only for these two entries, additional Condition a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... re prescribed viz. "Who has not paid Central tax at the rate of 6%" (for GTA) and "Who does not issue an invoice charging Central tax at 6%" (for passenger Transport) Query 1 It is not clear why the conditions for GTA and for passenger vehicles are differently worded. Query 2 It is also not clear why the condition is included in column 2 for GTA and column 3 for passenger vehicles. The very .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... notification 13 is for listing out services which are brought under RCM. As an exception, for above two services option for charging GST under forward charge also provided.(2.5% without ITC and 6% with ITC). Plain reading of the above gives a meaning that RCM tax is attracted if the supplier either charges 5% (Under one of the forward charge option available to him) or does not charge at all be .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... cause he is not liable to be registered. Query 3 To sum up whether RCM tax is attracted even if the supplier charges 5% on forward charge option. A supplier who pays 2.5% Central tax will fit into the phrase "who has not paid Central tax at 6% for GTA and pays nothing because he is unregistered. Query 4 But whether the phrase "who does not issue invoice" found in the entry for transport of pa .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ssengers will cover unregistered person who may not issue any invoice at all. Reply By SUSHILKUMAR GOYAL: The Reply: Entry 15 has been substituted by Notification No. 29/2019- Central Tax (Rate), Dated 31-12-2019. After its substitution, reverse charge will be applicable where services are provided by way of renting of any motor vehicle designed to carry passengers and the cost of fuel is includ .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed in the consideration charged from the service recipient, if such service is provided to a body corporate by a person, other than a body corporate and does not issue an invoice charging central tax at the rate of 6 per cent. to the service recipient. Reply By PAWAN KUMAR: The Reply: Dear sir please read circular no. 134 in this regard.
Discussion Forum - Knowledge Sharing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates