QUESTION

 

We are purchasing Diesel(HSD) from RIL. Transportation of HSD is in our scope and we are paying for transportation to transporter, Plese advise, whether we need to charge GST under RCM on tranportation as the item is non-GST and not taxable under GST. Further, if GST is chargeable under RCM whether we can claim GST Input on this.

 

Answer
 

Facts of the case: Whether GST under RCM is required to be paid on transportation services taken for purchasing Diesel(HSD) from RIL being the Non GST item? Further, if GST is chargeable under RCM whether ITC can be claimed?

 

Law Applicable: Notification No. 12/2017- Central Tax (Rate)

21

Heading 9965

or

Heading 9967

Services provided by a goods transport agency, by way of transport in a goods carriage of -

(a) agricultural produce;

(b) goods, where consideration charged for the transportation of goods on a consignment transported in a single carriage does not exceed one thousand five hundred rupees;

(c) goods, where consideration charged for transportation of all such goods for a single consignee does not exceed rupees seven hundred and fifty;

(d) milk, salt and food grain including flour, pulses and rice;

(e) organic manure;

(f) newspaper or magazines registered with the Registrar of Newspapers;

(g) relief materials meant for victims of natural or man-made disasters, calamities, accidents or mishap; or

(h) defence or military equipments.

Nil

Nil

21A

Heading 9965or
Heading 9967

Services provided by a goods transport agency to an unregistered person, including an unregistered casual taxable person, other than the following recipients, namely: -

(a) any factory registered under or governed by the Factories Act, 1948(63 of 1948); or

(b) any Society registered under the Societies Registration Act, 1860 (21 of 1860) or under any other law for the time being in force in any part of India; or

(c) any Co-operative Society established by or under any law for the time being in force; or

(d) any body corporate established, by or under any law for the time being in force; or

(e) any partnership firm whether registered or not under any law including association of persons;

(f) any casual taxable person registered under the Central Goods and Services Tax Act or the Integrated Goods and Services Tax Act or the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act.

Nil

Nil]

 

Interpretation: Services of GTA are exempt under certain cases vide Notification No. 12/2017- Central Tax (Rate) Sno 21 and 22 of the aforesaid Notification do not cover Non-GST items, so GST is to be charged on RCM basis on transportation services taken for purchasing Diesel(HSD).Since the services are received for providing outward taxable supply, therefore, credit will be available.

 

Conclusion: You are required to pay GST on RCM basis on transportation services taken for purchasing Diesel(HSD). Since the services are received for providing outward taxable supply, therefore, you are eligible to claim ITC.  
(Reply dt. 23/01/2021)