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Intermediary service to GTA

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..... Intermediary service to GTA
Query (Issue) Started By: - Debtosh Dey Dated:- 9-8-2023 Last Reply Date:- 18-8-2023 Goods and Services Tax - GST
Got 8 Replies
GST
An entity is engaged by a GTA for transportation of his client's goods. The said entity sub-contracts the job to truck owners. Is the service of the entity exempted from GST? Reply By Debtosh Dey: The Reply: I clarify tha .....

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..... t the entity's service may not be an intermediary service since the job was sub-contracted and there is no commission earning. It's principal-to-principal basis sub-contract to truck owners for which the entity charges to the GTA on cost plus basis. Reply By KASTURI SETHI: The Reply: Dear Sh.Debtosh Dey Ji, In the title of query, you have mentioned the word, 'intermediary' ? In .....

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..... the query itself you have mentioned the word, 'sub-contract'. Is it really sub-contracting or outsourcing ? How cannot be intermediary ? I think the whole issue revolves around the terms, 'intermediary' 'sub-contracting' & 'outsourcing'. Will you please re-phrase the query ? Thanks a lot. Reply By GUNASEKARAN K: The Reply: Please elaborate your query... Repl .....

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..... y By GUNASEKARAN K: The Reply: Please help to understand your query; 1. Who will give the freight bill / claim / reimburse the freight amount from service recipient i.e.your clients? 2. If truck owners gives freight bill to your clients then what is you role? Reply By Shilpi Jain: The Reply: Who issues the consignment note for the transportation? Why do you regard service to be exempt? This .....

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..... is not a renting of vehicle to GTA. Reply By vijay kumar: The Reply: Since the "entity" is itself not engaged in the service by way of transportation of goods by road, no exemption in my view (sl.no.18 of Nofn.12/2017-CT Rate won't apply to such intermediary). If they are charging some commission in the process, same is liable to GST under forward charge. Reply By Ganeshan Kalyani .....

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..... : The Reply: GTA may be giving service to his client. The client will be paying GST under RCM. Further, the GTA has engaged an entity who inturn sub-contracts a truck driver for the purpose of transportation of goods. The truck owner providing transportation of goods service is exempt vide serial no 18 of Notification no. 12/2017-CTR dated 28.06.2017. The legal entity getting commission (or diffe .....

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..... rential amount i.e. freight charges received by legal entity from GTA and the freight amount given by legal entity to the truck owner) from GTA is liable to GST. Reply By Padmanathan Kollengode: The Reply: From the limited facts, I agree with the prima facie views of expert that service of entity in question is not exempt.
Discussion Forum - Knowledge Sharing .....

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