CLAIMING OF ITC ON GTA SERVICES

[KERAGODEGOPALARAO ANANTHARAO]

WE ARE RECIPIENT OF GTA SERVICES. ONE OF PROVIDER IS CHARGING GST AT 5%, ANOTHER SERVICE PROVIDER CHARGING GST AT 12%.. CAN I CLAIM IPT CREDIT ON INVOICES ISSUED BY BOTH SERVICE PROVIDERS?

[Shilpi Jain]

Please check whether you are paying the GST amount to the service provider charging 5%. Generally they show the GST @5% but only basic amount is collected. The 5% GST has to be paid by you under RCM. This can be claimed as credit subject to the time limit prescribed under the law.

[KASTURI SETHI]

Yes. ITC can be taken on both types of invoices. If GTA charges GST@5%, RCM is applicable. You are to pay GST in cash. If GTA charges 12%, it means that person is working under Forward Charge Mechanism. Restriction is on GTA and not on the service receiver.

[Ganeshan Kalyani]

Yes, by rule the service provider (GTA) is suppose to mention GST payable on the freight and a note stating that the tax is payable by the service recipient under reverse charge. If you see total invoice amount the GST part will not be considered. In such case, the recipient is liable to pay gst under rcm. If 12% gst is charged then no doubt he (GTA) has to pay gst under forward charge. As a recipient you can claim credit of the gst on invoice if those tax are paid by the service provider.

[KASTURI SETHI]

Nicely explained by Sh.Ganeshan Kalyani Ji.

[Ganeshan Kalyani]

Thank you Sir.

[Rajendra Prasad]

Dear Sir,

I have observed many invoices in GSTR-2A. GST is charged at 5% & Supply attracts reverse charge is shown as No.

Is the supplier commiting mistake in uploading Invoice in GSTR-1 that RCM payable as Nil

Shilpi Ji , please clarify.

[Shilpi Jain]

In such a case you should advise the GTA to either charge 12% under FCM or mention in his GSTR-1 as liable under RCM.

If he has not paid tax and has also declared wrongly in his GSTR-1 as not liable under RCM then it is only a disclosure error in the returns by the supplier. You should go ahead and pay the taxes and claim credit.

However, if the supplier has paid taxes @ 5% and you do not want to pay taxes (say because the time limit for availing credit has lapsed) then there are some cases to your rescue which say that once tax is paid for a transaction it cannot be demanded again. But this will have to be litigated. In case you are eliibgle for credit better to pay and take credit and ask vendor to get his understanding corrected.

AI Summary

Input tax credit on GTA services: claimable under forward charge or after paying reverse charge, subject to payment and time limits.
Recipients of Goods Transport Agency services may claim input tax credit whether tax is charged under forward charge or payable by the recipient under reverse charge, provided the tax is paid and claimed within statutory time limits. If the transporter misreports liability in its outward returns, the recipient should nevertheless discharge any reverse charge liability, claim credit, and seek correction from the supplier; where the supplier has paid tax, avoiding a double demand may require litigation or corrective filings.