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GST query- Rent a cab service

VENKAT S

A person who is providing Rent a cab service opts for payment of 5% GST (without ITC). Is he liable to pay under reverse charge on the amounts payable to unregistered suppliers(from whom he obtains rent a cab service)? If yes, how much is the rate? is it 18% or 5%? Can he avail input credit of the same?

Reverse charge on cab rental payments applies to e commerce operators; standard operators opting reduced GST cannot claim input tax credit. A rent a cab provider opting the reduced GST rate without input tax credit cannot claim input credit; reverse charge applies to cab services supplied via e commerce intermediaries, while ordinary operators must discharge any reverse charge liability on unregistered purchases but remain ineligible for input tax credit unless they elect the standard tax regime. (AI Summary)
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Vamsi Krishna on Aug 1, 2017

Only Cab operators falling under E-commerce (Call taxi, Ola,Uber etc) are covered under RCM.

If you are a normal cab operator other than E-commerce and opted for 5%, Input tax credit for your business are not allowed. Even if you make unregistered purcahses under Sec.9(4) the liability has to e discharged however you are not eligible for availing the ITC since you opted 5% tax.

VENKAT S on Aug 1, 2017

Under such circumstances how much the person should pay under reverse charge 5% or 18% ? Thank you for your reply.

Vamsi Krishna on Aug 1, 2017

The section provides ITC not available if you opt for 5% which means you will be eligible if you go for 18% tax on your outward supplies..

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