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GOODS TRANSPORT AGENCY, Goods and Services Tax - GST
|GOODS TRANSPORT AGENCY|
A GTA is registerd under GST for forwarding charges but he does not file annx-V for choosing 5% or 12% and not charge GST on the supply of the goods because the registered receipint pay GST on freight under RCM.
Mu query is if GTA send the goods of unregistered person then who will pay GST. GTA or nobody
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In this scenario consignee will pay GST.
GTA Services provided to any of the following:
- person registered under GST
- Body Corporate
- Partnership Firm
- Cooperative Society
- Casual taxable person
then they are liable to pay GST irrespective of the fact whether registered or unregistered as they have to take compulsory registration for payment of tax under RCM
Other than the above i.e individual who is unregistered is recipient of this service then no GST is leviable as exempted vide entry 21A of No. No. 12/2017
It may be noted that determining factor who is Recipient of GTA Service means who engage the service of GTA.
GTA services have been carried forward into GST as it existed in Service Tax era.
The fact, 'who pays(bears) the freight will pay tax on the freight' is still relevant today.
Preference-wise status is as under :-
3.GTA services provider.
I agree with views of Ld. Ashika Ma'am. Once the GTA does not opt for Forward charge, the GST will have to be paid on RCM by recipient. That would depend on the Status of Recipient as clearly explained by Ashika Ma'am.