Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

Comments

Print   |    |  Comment

GST Update on taxability of sub-contracting of GTA services 91/2020-21

GST Update on taxability of sub-contracting of GTA services 91/2020-21
The GTA service providers have the option to pay GST under forward charge at the rate of 12% and avail input tax credit. It is also clear that if the GTA opts for paying GST under forward charge at the rate of 12% with availing the facility of input tax credit, the said option is to be exercised for all the transactions. It is not possible for GTA to declare certain supplies under reverse charge mechanism and certain supplies under forward charge. The issue regarding the GST implication on the transaction of sub-contracting the services of GTA was recently considered by the Maharashtra AAR in the case of M/s Liberty Translines and the outcome of this advance ruling is the subject matter of discussion of our present update.
 
The applicant is engaged in providing services as GTA and has been appointed by M/s POSCO to provide service of transportation of goods by road for its clients. In simple words, the applicant is sub-contractor for providing GTA services to the clients of M/s POSCO.  Hence, the applicant seeks advance ruling on the following questions:-
  1. Whether the services rendered by the applicant to M/s POSCO as sub contractor will be classified as GTA Service?
  2.  Whether assesses can charge GST @12% under Forward Charge mechanism in terms of Notification No 20/2017-Central Tax (Rate) 2017 dated 22 August, 2017 as M/s POSCO is also charging GST @ 12% from its clients?
  3. Whether recipient of service, M/s POSCO would be eligible to claim Input Tax Credit of the invoices issued by the applicant under forward charge mechanism?
  4. Whether is it correct to have two GTA Service Providers and two consignment notes for the same movement of goods?
Goods Transport Agency is not defined in CGST Act, 2017 but the meaning of GTA is given by way of an explanation to Entry 9(iii) of Notification No 20/2017-Central Tax (Rate) 2017 dated 22 August, 2017 which reads as follows:-
 
Explanation to Entry 9(iii):- “goods transport agency” means any person who provides service in relation to transport of goods by road and issues consignment note, by whatever name called.
 
It was concluded that main contractor, M/s POSCO is providing road transport service to the ultimate customer and is issuing consignment notes and so falls under the definition of GTA.  Main Contractor is not the owner of the vehicle but he has appointed a sub-contractor to provide services of transportation of goods by road. However, the applicant cannot be treated as GTA as the applicant is truck owner and has providing services of hiring of trucks to M/s POSCO which is exempt from levy of GST.
 
There is a difference between a GTA and a person who owns truck commonly known as transporter who may give transportation service either by himself or through a transport agent i.e. GTA. It was held that a consignment note is a necessary qualification to be considered as a GTA as per the explanation in Notification 11/2017 (CT) Rate dated 28thJune 2017 . In the transportation industry, where one transporter has takes the help of another transporter by way of sub-contracting the work and the sub contractor bills to main contractor for sub contracting service. It is very clear in the GST Law that who issues consignment note will be treated as goods transport agency. Main Contactor issues consignment note and therefore only main contractor is a GTA for this transaction. Any services by way of transportation of goods by road other than through GTA would be exempt supply as per the notification no. 20/2017-Central Tax (Rate) dated. 22.08.2017.
 
In the present case, assessee is providing the transportation service but not as GTA but only as a truck owner to Main Contractor. Therefore, it was held that the services of applicant are exempt and there is no need to charge GST @12% under forward charge mechanism. 
As regards the regarding admissibility to input tax credit to the recipient, it was held that the question pertains to M/s POSCO and so the AAR refrained from answering the same. Similarly, as regards the question whether there can be two consignment notes for the same transaction, the AAR denied from commenting as the said question is outside the ambit of scope of advance ruling as prescribed in section 97(2) of the CGST Act, 2017.
 
It is pertinent to mention here that in frequently asked question (FAQ) related to registration, it has been clarified that registration is not required in case where services of GTA are being provided to another GTA as services by way of giving on hire, a means of transportation of goods to a GTA are exempt from tax vide entry no. 22 of Notification number 12/2017-Central Tax (Rate) dated 28th June, 2017.
 
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