Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

GST Update on 262 transportation of staff by non-ac busses of company

GST Update on 262 transportation of staff by non-ac busses of company
The issue as regards to transportation of staff by non-ac busses by employer company has been a subject matter of discussion since inception of the GST regime. The never-ending debate and litigations on availability of exemption in such cases increase the difficulty levels of the taxpayer manifolds. There had been Advance Ruling on similar lines rendered by Maharashtra AAR in the case of M/S SHAILESH RAMSUNDER PANDE wherein the assessee was having confusion as regards to taxability in case non-AC buses are used for transportation of staff under contract carriage. In the said case, the applicant entered into an agreement with Ratan Indian Power Limited (RIPL) for the aforementioned transaction wherein the buses will be operated strictly as per the instructions of RIPL. It was concluded that since the consideration of service is charged from RIPL and not the passengers, the subject activity falls under “renting of motor vehicles” and therefore, is taxable. Therefore, it was stated that the essential ingredient of contract carriage is that it piles under a contract for fixed set of passengers and does not allow passenger to board at their will. Hence, AAR ruled that the services provided by the applicant falls under renting of motor vehicles under Serial No. 10 of the notification no. 11/2017-CT (Rate) dated 28.06.2017 attracting GST at the rate of 5% without ITC under Reverse Charge Mechanism or 12 % GST with ITC facility under Forward Charge Mechanism. The above advance ruling is in alignment with the recent CBIC Circular No. 177/09/2022-TRU dated 03.08.2022 clarifying the said issue. The analysis of the clarification issued is subject matter of discussion of our present update.
 
As per serial no. 15(b) of notification no. 12/2017-Central Tax (Rate) dated 28.06.2017 exempts “transport of passengers, with or without accompanied belongings, by non-air conditioned contract carriage, other than radio taxi, for transport of passengers, excluding tourism, conducted tour, charter or hire.”
It is clarified that “charter” or “hire” are excluded from the above exemption entry where the renter defined how and when the vehicle will be operated, determining schedules, routes and other operational consideration meaning thereby that the exemption entry would apply in case transportation takes place over pre-determined route and as per pre-determined schedule. Hence, no exemption will be available in case contract carriage is hired for a period of time and the recipient at its discretion is free to decide the manner in which route is decided and schedule is determined. To illustrate, in case a private company arranges transportation facility for its staff wherein the non air conditioned buses are being used as per the directions of the private company, GST will be payable and the exemption will not be available.
 
It is worth noting that the exemption is only with respect to non-air conditioned contract carriage. If the service provider is engaged in transportation of passengers in air conditioned contract carriage, GST will be payable on the same. Further, another issue can be what will be the consequences in case nominal amount is recovered from the employees for usage of transportation facility in a non-ac conditioned bus. In this respect, the situation is clear wherein no GST shall be attracted in such a scenario due to employer-employee relationship which is excluded from the ambit of Schedule III of CGST Act, 2017 and considering the fact that the transaction is mere perquisite offered by employer and is not service provided in course or furtherance of business.
 
Aligning with the above, another clarification is also issued by the CBIC in line with recommendation of 47th GST Council meeting wherein it is clarified that n case of renting of motor vehicle for transportation of passenger which is hired by body corporate for a particular period of time with the directions of operation of the vehicle to be given by body corporate, the said services shall fall under “renting of motor vehicle” and will be covered under RCM wherein the tax shall be paid by the body corporate. On the contrary, if in case the body corporate avails passenger transportation services over pre-determined routes on pre-determined schedules, it will be classifiable under “passenger transport services” liable to GST under forward charge and the body corporate shall not be liable to pay tax under RCM.
 
The above clarificatory circular will be helpful for the taxpayers in order to avoid existing litigations and confusions in the minds of taxpayers. Circulars like these are anticipated in future as well which will prove to be useful for the taxpayers.
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com