Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 19 September 2020
Sorry for above Reply.
First of all the RCM is applicable in this case only when the transporter is GTA . whether Registered in GST or not it's hardly relevant.
So in term of Notification 13/2017 CT , if GTA is providing transportation to services to Registered person the RCM is applicable.
Hence the Applicability of RCM in transportation services is invoke only when the service provider is GTA & Receptient is registered in GST.
As per Section 12(8) of IGST the POS in case of transportation Goods , is location of Recepeint when Receptient is registered .
In case the recipient is not registered then POS is location where the goods handed over transportation.
So as per your query , if the Recipient is registered & Service provider is GTA , the POS will be Location of Recepeint , hence CGST/SGST is applicable.
Note : In case GTA Services to URD is Exempted. (Notification 32/2017 CT rate)
Transportation services by road (Not GTA) is Exempted (Notification 12/2017 CT(R))