5 percent to gta under forward charge
jhansi (CA Practice ) (50 Points)
27 June 2022what is the consequences if receipent pays gst in 5 percent to gta directly instead of rcm and takes credit
jhansi (CA Practice ) (50 Points)
27 June 2022
Rajendra Prasad
(Employee Private)
(1867 Points)
Replied 27 June 2022
As per my knowledge,
as per Notification No.13/2017-CT Rate, any person registered under GST has to pay GST under RCM @ 5%, if the GTA has not given Tax Invoice with GST 12%.
If not paid, further at the time of audit, department may insist to pay GST under RCM @ 5%, and further availing Input of the same may be in trouble.
CA Rashmi Gandhi
(Chartered Accountant)
(86323 Points)
Replied 27 June 2022
CA Altamush Zafar
(GST Consultant)
(15971 Points)
Replied 27 June 2022
RCM is not applicable when transporter mentioning that supply is under forward charge. It is the non compliance of the transporter that he is charging less GST
Rajendra Prasad
(Employee Private)
(1867 Points)
Replied 28 June 2022
To clear my doubt, discussing here,
Services which has been prescribed in Notification No.13/2017-Central Tax Rate are as per Section 9(3) of GST act, on which GST has to be paid compulsorily under RCM by the Recipient.
And as per Sl. No.1, of above said notification every registered dealer has to be paid GST under RCM if GTA not submitted Tax Invoice with GST @ 12%.
And as per Sl. No.9(iii) of Notification No.11/2017- Central Tax Rate, GTA who is not availing input Credit can submit Invoice with 5% and who is availing ITC can submit invoice with 12%.
As per above GTA can issue Invoice with GST either 5% or 12% as per his Input Credit. In the scenario how come GTA will liable to pay balance 7% GST.
CA Puja Sharma
(Chartered Accountant)
(5010 Points)
Replied 28 June 2022
The customer can take the credit of 5% GST paid on GTA invoice under forward charge