Question 30:

This query is relating to your reply to the question no 42 reproduced here below:
You have mentioned that in terms of section 9(3) Location of the suppler would be the location of the recipient i.e Punjab and Place of supply is also Punjab. Hence CGST/SGST is applicable. I have my doubts on the location of the supplier. If you see the Notification no 10/2017 Integrated tax rate, were in at s.no. 2 in case of GTA services, the supplier of service is considered GTA. So in my view in this case GTA is located in Jharkhand so the location of the supplier should be Jharkhand and place of supply is Punjab so IGST should be leviable. On the other side if we treat that Recipient place would be the location of the supplier, then in case of GTA services only CGST/ SGST would be payable in all the cases. Then what would be relevance of covering GTA service under the aforesaid Notification and in what situation IGST would be payable under reverse charge in GTA service.
(Question42: 1.ABC PVT limited registered in Punjab purchases material from Jharkhand, now ABC PVT LTD pays freight on purchases, now what GST to deposit IGST or SGST/CGST on reverse charge basis.
2.Material purchased on 29.12.2017 received on 05.01.2018, invoice date is 29.12.2017, now in books of accounts on which date invoice is to be entered, so that input tax credit can be correctly claimed.
 

Answer: 1. Section 9(3) relating to Reverse charge provides that all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both.
Classification of transaction as Intra-state or Inter state depends on Location of Supplier and Place of Supply. In this transaction Place of Supply according to Section 12 (8) of IGST Act i.e. Place of Registered recipient i.e ABC Ltd., Place (Punjab) and Location of Supplier according to above specified statement in section 9(3) is the Location of ABC Ltd.
Thus according to above provisions, you will deposit CGST and SGST on Reverse charge Invoice.
2. According to conditions specified in Section 16(2)(b) credit on material purchased is eligible on 05.01.2018. The same is reproduced below:-
2) Notwithstanding anything contained in this section, no registered person shall be entitled to the credit of any input tax in respect of any supply of goods or services or both to him unless,``
a) he is in possession of a tax invoice or debit note issued by a supplier registered under this Act, or such other tax paying documents as may be prescribed;
b) he has received the goods or services or both.
Explanation. `For the purposes of this clause, it shall be deemed that the registered person has received the goods where the goods are delivered by the supplier to a recipient or any other person on the direction of such registered person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to goods or otherwise;
c) `subject to the provisions of section 41,the tax charged in respect of such supply has been actually paid to the Government, either in cash or through utilisation of input tax credit admissible in respect of the said supply; and
d) he has furnished the return under section 39: On the basis of above specified provision you are eligible to take credit when you actually received goods.)
If the ITC is auto populated in your GSTR-2A or GSTR-2 for the tax period of December on provisional basis, so our suggestion is that not to utilize the same.

Answer 

We have reconsidered our previous reply and we reconfirm the same reply as it is correct as per GST law.
IGST will become payable on GTA service if tax is being paid on forward charge basis on inter-state basis by the supplier of service. Whenever tax is being paid on reverse charge basis it will always be on intra-state basis i.e. CGST and SGST would be paid (Reply dt. 14/3/2018)