TMI BlogELIGILIBILITY OF ITC ON GST PAID ON GTA BY END USER @5 %X X X X Extracts X X X X X X X X Extracts X X X X ..... we are paying RCM on GTA services @ 5% on Raw materials and trading goods we are selling goods and paying GST @5% we are eligibile for ITC for GST paid on GTA ?. - Reply By YAGAY andSUN - The Reply = Transporting goods (GST paid by GTA). 5% No ITC or 12% with ITC Please refer Notification No. 13/2017- Central Tax dated 28/06/2017 for payment undre RCM. The following businesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s/ recipient of services are required to pay GST under Reverse Charge Mechanism (RCM):- Factory registered under the Factories Act,1948; A society registered under the Societies Registration Act, 1860 or under any other law; A co-operative society established under any law; A GST registered person; A body corporate established by or under any law; or A partnership firm whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... registered or not (including AOP) Casual taxable person. - Reply By YAGAY andSUN - The Reply = Transporting goods of 7 specified recipients as mentioned above, if GTA Charges 12%, GTA must deposit tax and ITC can be availed Otherwise if GTA Charges 5%, RCM applies and recipient must deposit tax and ITC cannot be availed - Reply By Rajagopalan Ranganathan - The Reply = Sir, In my opinion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if GTA pays GST @5% he cannot avail ITC of tax paid on the input goods/services. However, if the recipient pays GST 5% under RCM, then the receiver of GTA service is eligible to avail ITC of GST paid under RCM. - Reply By KASTURI SETHI - The Reply = In the scenario mentioned by the querist, ITC is admissible to the service receiver under RCM. - Reply By Ganeshan Kalyani - The Reply = ITC i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s available to the recipient paying GST under RCM on GTA. - Reply By Spudarjunan S - The Reply = You are eligible to avail the ITC on such RCM paid subject to that you are not restricted by section 17(2) of CGST Act, 2017 . If so, you can still avail and the follow the procedures prescribed there in. With regard to the condition attached to the entry Services of goods transport agency (GT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A) in relation to transportation of goods - 2.5% (5%) in the notification no.11/2017 CT(R) dated 28.06.2017 (as amended) - Condition - Provided that credit of input tax charged on goods and services used in supplying the service has not been taken The credit restriction is only to those goods and services used in such supply. You have not used any goods or services for providing s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch service. Hence such restriction would apply only to the suppliers and not to the recipient. Hence you can avail your RCM credit as a recipient as discussed above. - ELIGILIBILITY OF ITC ON GST PAID ON GTA BY END USER @5 % - Query Started By: - Kailash Garg Dated:- 30-5-2020 Goods and Services Tax - GST - Got 6 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersonal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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