FREIGHT PAID TO UN REGISTERED PERSON

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Dear sir/madam
one of my client ( Registered Dealers) received Timber from Nagpur , but the LORRY owner is Not registered as GTA he is an individual LORRY owner...my DCTO Ask us to pay GST ON RCM U/s 9(3) from 1/7/2017 to till date.
is there exemption on GST RCM.

thank you
Replies (3)

If the lorry owner does not give a consignment note or bilty then it is exempt and there is no RCM

Legally it is correct CA Alramush Zafar ji. But practically department herrassing to pay RCM on total transportation. They are only allowing upto Rs. 750 on consignment and upto Rs.1,500 on vehicle. Balance they are not considering the Goods transport agency clause and ask to pay on total Transportation charges.
Also fighting in Appellate tribunals is costlier than payment of GST.

@ Rajendra Prasad ji

Yes you are correct but since the querist has not made payment that is the only reason he can give.

Ideally you should pay RCM and claim ITC. Its revenue neutral unless you are dealing with exempt supplies it inverted duty supplies.


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