Question 9: 1. if a transport provide
service to only registered person. tax is under reverse charge. his receipt is
more than one crore. is regn. in gst compulsory for him.
2. for a registered transport we file form 3B as nil because we could not find
anything relevant in form 3B for transporter. is it correct '
3. now what data should be filed in form GSTR-1 for registered transporter. all
service provided under reverse charge basis.
4. transporter receive half freight in cash from consigner and balance from
consignee. whose data should be filed in GSTR.
Answer:
Question 1
The term aggregate turnover is defined in section 2 of CGST ACT as follow Point
1
(6) 'aggregate turnover' means the aggregate value of all taxable supplies
(excluding the value of inward supplies on which tax is payable by a person on
reverse charge basis), exempt supplies, exports of goods or services or both and
inter-State supplies of persons having the same Permanent Account Number, to be
computed on all India basis but excludes central tax, State tax, Union territory
tax, integrated tax and cess;
Point2
Further section 22 requires
Section 22: Persons liable for registration.
(1) Every supplier shall be liable to be registered under this Act in the State
or Union territory, other than special category States, from where he makes a
taxable supply of goods or services or both, if his aggregate turnover in a
financial year exceeds twenty lakh rupees:
Point 3
But Notification no 5 dt 19 6 2017provides exemption to the supplier engaged in
supply of goods or services or both which are subjected to tax under reverse
charge
Answer 1
On the basis of above three points there is no need to take registration but in
practical you should take registration for following reason
To take ITC to reduce the cost of operation
Any supply if you are doing even for 100 rupee like you you are selling scrape
of material then you have to take registration.
2. yes you are right
3. File return even if the information relating there to is nil
4. The tax is to be paid by the person to whom the GRN is issued the other party
is operating only as pure agent
For example A send material to B and GRN is for RS 1000 Now A paid RS 500 to
transporter and B paid RS 500 after checking of material and safe delivery Then
reverse charge will be paid by A as the b is working as pure agent of A just to
control the services of the transporter. (Reply Dt. 01/01/2018)