9911796707
TMI Blog2024 (6) TMI 473X X X X Extracts X X X X X X X X Extracts X X X X ..... CGST Act and the SGST Act. 1.0 The Applicant has sought ruling in respect of the following questions. (a) Whether the supplier, being the owner of the vehicle itself, can charge GST on rental/hiring services under the Forward Charge Mechanism. Even though his service is exempted. (b) If the answer to question above is "yes", whether the Applicant being a Goods Transport Agency, be able to claim the Input Tax Credit in terms of Section 16 of GST Act 2017, (hereinafter to be refer as CGST/OGST Act), on the basis of suppliers invoices 1.1 At the outset, we would like to make it clear that the provisions of both the CGST Act and the OGST Act are the same except for certain provisions. Therefore, unless a mention is specifically made to s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mated through their respective Commissionerates along with a copy of the application and the written submission of the Applicant). The Applicant through its representative Shri Vikash Kumar Rateria, CFO appeared for personal hearing. Shri Rateria re-iterated the submission already furnished in the application filed for advance ruling. The Revenue has neither submitted its comments nor appeared for personal hearing. 4.0 we have gone through me advance ruling application, questions on which advance ruling has been sought and the Applicant's interpretation of law and/or facts, as the case may be, in respect of the questions asked. 4.1 The Applicant is a Goods Transport Agency (GTA) who provides service in relation to transport of goods b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Applicant is eligible for ITO of GST paid on rental/hiring services. We see that Section 16 of the CGST Act lays down the eligibility and conditions for taking input tax credit which is reproduced as under: "Eligibility and conditions for taking input tax credit.- (1) Every registered person shall, subject to such conditions and restrictions as may be prescribed and in the manner specified in section 49, be entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person". As per Section 16 (1) of the Act, every registered person is entitled t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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