Good Evening Members.
Please let me know if taxpayer registered under composition scheme, needs to pay GST under RCM on freight paid to GTA. If yes, then what at rate?
Thanks
4 Replies
Deepak Gupta
(CA Student)
(15922 Points)
Replied 12 April 2019
Rule 5(1)(d) of the CGST Rules, specifies that a composition dealer shall pay tax under sub-section (3) or sub-section (4) of section 9 on inward supply of goods or services or both.
Sec. 10(1) of the CGST Act, also says that, “…but subject to the provisions of sub-sections (3) and (4) of section 9…” This means that while complying with one statutory provision, another provision relating to the subject-matter also must be complied with.
So, this means that RCM tax shall be paid by composition dealer as well.
GTA RCM falls under 9(3) as notified supply even if GTA is unregistered.
Anitya
( )
(287 Points)
Replied 12 April 2019
At what rate GST to be paid by composition dealer on RCM?
Sagar Patel
(Tax and Business Consultant)
(11611 Points)
Replied 22 July 2020
If it's a GTA then 5% GST on RCM basis applicable subject to conditions that GTA is not paying tax @ 12% with ITC
If GTA charge you GST @ 12% than RCM is not applicable
If GTA charge you GST @ 12% than RCM is not applicable
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