Hello there, this Article is in continuation of my previous Article on GTA Services- GTA Services under GST Regime- Part 1
7. Can a Registered GTA apply for Composition Scheme?
Well, the simple answer to this question is NO. Sec. 10(2) of the CGST Act says:-
The registered person shall be eligible to opt for composition scheme, if:-
(a) he/she is not engaged in the supply of services other than supplies referred to in clause (b) of paragraph 6 of Schedule II (i.e. restaurant, catering, and other similar services)
Since, transportation of goods / passengers is a service provision; GTA is not eligible to opt for the scheme.
8. When Registration is not required?
Section 23(1) reads as follows :-
The following persons shall not be liable to registration, namely:––
(a) any person engaged exclusively in the business of supplying goods or services or both that are not liable to tax or wholly exempt from tax under this Act or under the Integrated Goods and Services Tax Act;
It means that if a GTA is engaged exclusively in transportation of goods mentioned in Table A (Exempt Goods) and Table C (Reverse Charge), then need it does not need to register itself in GST Regime.
If GTA is transporting other goods or consignment which are not covered in Table A or Table C, then GTA need to consider the provisions relating to Registration.
9. How Invoicing will be done?
There is “NO FORMAT PRESCRIBED” by the Government. Only a “FEW PARTICULARS” have been specified in the format. So every GTA is free to draft his/her own format for Invoicing under GST.
Rule 54(3) of the CGST Rules says that in addition to the particulars stated in Rule 46 (Tax Invoice), a GTA has to mention following additional details in the Invoice :-
These particulars will also apply to other Invoicing Formats specified in Rule 49-53 of the CGST Rules (i.e. Bill of Supply, Receipt Voucher, Refund Voucher, Payment Voucher, Revised Invoice and Debit / Credit Note).
10. Input Tax Credit
If the transporter charges GST @ 5% on Freight and Delivery Charges, then No Input Tax Credit will be allowed to the transporter while paying the taxes on such services, which restricts the flow of credit of taxes.
But whether Input Tax Credit can be availed when GST is paid on Reverse Charge Basis?
This question is most asked by the Tax Payers. After examining the various provisions of the GST Law, we came forward with following conclusions:-
Extracts of Section 9(3) & 9(4) :-
“ . . . and all the provisions of this Act 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.”
It implies that while paying tax under reverse charge basis, we cannot claim input tax credit of other inputs or input services. Therefore, one need to pay full GST @ 5% on value of services received without any tax credit.
Extracts of Section 17(5) :-
“ . . . input tax credit shall not be available in respect of following, namely:- (a) motor vehicles and other conveyances except when they are used . . . (ii) for transportation of goods; . . . ”
Section 17(5) specifies the list of blocked input tax credit. However, as per above text, Input tax credit can be availed on services of transportation of goods.
Therefore, once the tax has been paid by the recipient under reverse charge, he can avail the tax so paid as Input Tax Credit for payment of taxes on other output services provided by him/her.
11. E-Way Bill Provisions
The government has deferred these provisions and is hopeful to implement the same from Oct 1, 2017 onwards.
Till then, the movement of goods will be governed as per the old tax regime, i.e. Forms C, F, H, etc. will continue till the government introduces a new schema. However, the government has put into public portal the draft rules relating to E-way bills.
Highlights of the draft E-way Rules:-
|Table – D (Validity of E-Way Bills)|
|S. No.||Distance||Validity period|
|1.||0 – 100 km||1 day|
|2.||100 – 300 km||3 days|
|3.||300 – 500 km||5 days|
|4.||500 – 1000 km||10 days|
|5.||1000 km or more||15 days|