QUESTION
If the transportation service is received from outside the state and
freight paid within state then IGST charged on the freight under RCM. If
transport service is received from outside the state, so sir how to determine
the location of the supplier? and how to determine the applicable CGST and SGST
under RCM?
ANSWER
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 And Location of
Supplier according to above specified statement in section 9(3) is the Location
of Recipient.
Thus according to above discussion You will charge CGST and SGST in Reverse
charge Invoice.
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