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of <h1>GTA Service Provider Not Exempt from GST Input Tax Credit Restriction</h1> <h3>In Re: M/s. K.M. Trans Logistics Private Limited</h3> In Re: M/s. K.M. Trans Logistics Private Limited - 2019 (31) G. S. T. L. 179 (A. A. R. - GST) Issues:1. Applicability of GST on transportation services without issuing LR/GR.2. Interpretation of Rule 42 of the CGST Rules 2017 regarding common consumption of input and input services.Analysis:1. The applicant, a service provider offering transport services for motor vehicles, claimed their services as non-GST supply due to not issuing LR/GR. However, the Authority found the services fall under Goods Transport Agency (GTA) service as per GST Act. The presence of a consignment note, invoice, and e-way bill indicates the service as taxable under GST laws.2. The Authority referred to Section 17(2) of the GST Act and Rule 42 of the CGST Rules 2017 to determine the apportionment of credit for services used partly for taxable and exempt supplies. It concluded that the applicant, providing services for both taxable and exempt goods, must restrict input tax credit to the extent attributable to taxable supplies as per the mentioned provisions.Conclusion:The Authority ruled that the applicant, as a registered GTA service provider under GST, is not exempt from paying GST. They must restrict input tax credit based on the proportion attributable to taxable supplies, in accordance with Section 17(2) of the GST Act and Rule 42 of the CGST Rules, 2017.
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