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GTA PROVIDING SERVICES TO GTA

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..... GTA PROVIDING SERVICES TO GTA
Query (Issue) Started By: - NAMAN DOKANIA Dated:- 13-10-2019 Last Reply Date:- 15-10-2019 Goods and Services Tax - GST
Got 4 Replies
GST
A GTA -1 is taking services from truck operators and is providing trucks on hire to another GTA-2 and then the same is being providing to factory owner. The tax is being paid by Factory owner on bill raised by gta-2 on r .....

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..... everse charge. Do GTA-1 need to raise any GST bill to GTA-2?? Reply By atul rathod: The Reply: Its an exempted service. Not required to raise GST bill Service by way of giving hire to GTA a means of transportation of goods. Reply By SHARAD ANADA: The Reply: This transaction is Nil rated. See entry 22(b) of Notification 12/2017 amended from time to time Reply By Ganeshan Kalyani: The Reply: .....

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..... GTA 1 is not providing GTA service. He is supplying vehicle for renting. In my view, the supply of vehicle service is taxable. Reply By KASTURI SETHI: The Reply: Dear Querist, I agree with the views of Sh.Ganeshan Kalyani Ji. In this scenario, three persons are involved and two transactions are involved. Truck operator to GTA-1 and GTA-1 to GTA-2. For example ; suppose truck operator is ' .....

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..... A'. 'A' has supplied truck on hire basis to GTA-1 ( suppose -'B') and 'B' has supplied truck to GTA-2 ( suppose-'C') . A's supply to B is exempted as detailed by my colleague experts. This transaction (A to B) is not in dispute. B has arranged supply of vehicle to C and obviously he has got rental charges or commission for that from C. We can term these char .....

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..... ges as consideration (may be in the form of commission/rent/profit, whatever the case may be the case). This consideration has been received by B from C on account of taxable supply.This transaction conforms to the definition of 'supply' as per Section 7 of CGST Act, 2017 which is extract below:- SECTION 7. Scope of supply. - (1) For the purposes of this Act, the expression "sup .....

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..... ply" includes - (a) all forms of supply of goods or services or both such as sale, transfer, barter, exchange, licence, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business; Thus B (GTA-1) will raise tax invoice to C (GTA-2) because A has received consideration either as rental charges or commission charges. If B has go .....

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..... t commission, his activity will fall under the category of 'intermediary service' and if B has got rental charges, this very activity will fall under the category of 'Right to Use of Tangible Goods'. So it depends upon the nature of agreement between the two that is B and C. I am not aware of the terms and conditions of the agreement. Anyhow GST is to be paid by B.
Discussion .....

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..... Forum - Knowledge Sharing .....

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