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Foreign company, Goods and Services Tax - GST

Issue Id: - 114396
Dated: 11-12-2018
By:- Rajagopalan Sundaram

Foreign company


  • Contents

GTA provides services of transportation in India to a foreign company

My questions are

1) what is the rate of gst to be charged . Pls confirm my understanding it is IGST.As foreign company has no GSTiN , how do GTA proceed in this regard.

2) Trucks for the above job were hired from URD transporter, hence rcm is payable by GTA which is 5 % . Can GTA take ITC for the same

Thank you

Posts / Replies

Showing Replies 1 to 4 of 4 Records

Page: 1


1 Dated: 11-12-2018
By:- KASTURI SETHI

Reply to Query No.1 : Transported goods are to be consumed in India. You are covered under Section 12(8)(b) of IGST ACT, 2017. Under Forward Charge Mechanism rate is 12% (6% + 6%).. You can take ITC if you pay 12%. You will have to opt for working under FCM in the beginning of Financial Year.

Reply to Query No.2 (Hiring Vehicle is exempted as per Notification given below:-

Notification No.12/17-Central Tax(Rate) dated 28.6.17

22

Heading 9966 or Heading 9973

Services by way of giving on hire -

(a) to a state transport undertaking, a motor vehicle meant to carry more than twelve passengers; or

Rate

Nil

Condition

Nil

 

 

(b) to a goods transport agency, a means of transportation of goods.

NIL for (b) also

 


2 Dated: 11-12-2018
By:- Ganeshan Kalyani

The Service of giving on hire of vehicle to goods transport agency is exempted.


3 Dated: 14-12-2018
By:- DR.MARIAPPAN GOVINDARAJAN

I endorse the views of Shri Sethi.


4 Dated: 26-12-2018
By:- Rajagopalan Sundaram

Dear Mr Sethi

Thank you very much.

As regards query no 1-. GTA has been charging on RCM and for FCM we hv to wait till next FY. In this case since GTA has already performed the services what will be the rate .


Page: 1

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