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Issue ID: 114545
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REVERSE CHARGE GTA FROM OUTSIDE STATE

Date 25 Jan 2019
Replies 5 Replies
Views 3238 Views
Place of supply determines IGST or CGST+SGST under reverse charge for GTA freight; recipient must pay tax accordingly.
Reverse-charge freight to a Goods Transport Agency is taxable to the recipient based on the place of supply: intrastate provision attracts CGST and SGST, while interstate provision (e.g., service by an out of state GTA or supported by an out of state consignment note) attracts IGST; recipient is treated as the person liable and GST provisions apply accordingly. (AI Summary)

Unit located in Punjab is receiving goods from Rajasthan, the freight paid by unit in Punjab, and reverse charge under gst . Whether Igst need to be paid or cgst and sgst.

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Replied on Jan 25, 2019
1.

CGST + SGST covered under Section 8(a) of IGST Act, 2017.

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Replied on Jan 26, 2019
2.

If the address of the transporter is of Punjab then CGST+SGST, otherwise IGST.

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Replied on Jan 28, 2019
3.

Place of provision of service will be factor for determining the Interstate/Intrastate levy of taxes.

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Replied on Jan 28, 2019
4.

Under RCM recipient is liable to pay GST and therefore, all the provisions of GST Acts shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both.In this instance, recipient (Punjab Unit) is liable to pay tax. Place of provision is within Punjab. Hence CGST + SGST applicable.

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Replied on Jan 31, 2019
5.

If consignment note is issued by GTA from Rajesthan then IGST. Payment made to Punjab office of GTA is just a agent for collection of money. Punjab office has not provided Transportation Service but Service is provided by GTA of Rajesthan.

If GTA is registered person of Rajesthan then also IGST is applicable.

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