Professional Documents
Culture Documents
Background: .................................................................................................................................................. 2
Who is “GTA”? ............................................................................................................................................... 2
In relation to- ...................................................................................................................................................... 2
By road-................................................................................................................................................................. 2
Consignment note- ............................................................................................................................................ 3
Exemptions to GTA services under GST .................................................................................................. 3
Withdrawal of exemption in case of GTA services .................................................................................. 5
Value on which GST is to be paid? ............................................................................................................ 5
Free supply of fuel by recipient to GTA ....................................................................................................... 5
Rate of tax ...................................................................................................................................................... 6
Exercise of option by GTA ................................................................................................................................ 7
Whether GTA is required to mention rate of tax in declaration? ...................................................... 7
Classification of GTA services .................................................................................................................... 7
ITC eligibility to GTA ................................................................................................................................... 7
Who is recipient of GTA services? ............................................................................................................ 8
When tax is to be paid? ............................................................................................................................... 9
FCM ......................................................................................................................................................................... 9
RCM ........................................................................................................................................................................ 9
Continuous supply of GTA services ............................................................................................................ 10
Place of Supply (PoS) ................................................................................................................................. 10
What would be the location of supplier? ................................................................................................. 11
Documentation procedures for the recipient? .................................................................................... 11
GST registration of GTA ............................................................................................................................ 11
E-invoice ...................................................................................................................................................... 12
Non-applicability of e-invoice to GTA supplier ...................................................................................... 12
Declaration on tax invoice ............................................................................................................................ 12
Exemption on hiring of motor vehicle to GTA supplier. .................................................................... 12
Pointers for Professionals ........................................................................................................................ 12
Audit/Compliance Perspective: .................................................................................................................. 12
“GST on Goods Transport Agency (GTA)”
Asha Latha T
CA Semi qualified
Background:
The GST law continues the provisions prevailing under the Service Tax regime. The law recognizes
that pure transportation of goods services is mostly provided by persons in the unorganized sector
and hence has specifically excluded such operators from the tax net. In respect of those who provide
agency services in transport, the liability is cast on the recipients in most of the cases or unless
option to pay under forward charge has been exercised by the GTA.
Before going to discuss GST implications, exemptions, rate etc,. on GTA services, let us understand
who is called the GTA in the first place.
Who is “GTA”?
GTA1 means any person who provides service in relation to transport of goods by road and issues
consignment note, by whatever name called. A transporter who doesn’t give a consignment note but
offers a challan or kaccha bill is called Goods Transport Operator (‘GTO’). The following needs
consideration in this regard-
a. service in relation to transport of goods;
b. by road;
c. issues consignment note, by whatever name called.
In relation to-
Here the word ‘in relation to’ has lot of significance and to be understood that any service which has
a direct or indirect connect with a specified service has to be treated as ‘in relation to’ that specified
service.
It includes not only the actual transportation of goods, but any intermediate/ancillary service
provided in relation to such transportation, like loading/unloading, packing/unpacking, trans-
shipment, temporary warehousing, etc. If these services are not provided as independent activities
but are the means for successful provision of GTA Service, then they are also covered under GTA.
By road-
The transportation needs to be provided by the road itself.
1 As per Notification No. 12/2017-Central Tax (Rate) dated 28th June, 2017
Consignment note-
We have understood that consignment note has lot of significance however it is neither defined under
GST nor in the GST notifications. Thereby guidance has been taken from the meaning ascribed to the
term under the explanation to Rule 4B of Service Tax Rules, 1994, as per which consignment note
should contain the following:
a. Serially numbered.
b. Name of the consignor and consignee.
c. Registration No of the Goods carriage in which goods are transported.
d. Details of the Goods sent.
e. Place of origin and place of Destination.
f. Person Liable to pay GST.
Flyer2 issued by CBIC dated 01-01-2018 has clarified that if a consignment note is issued, it indicates
that the lien on the goods has been transferred (to the transporter) and the transporter becomes
responsible for the goods till its safe delivery to the consignee.
It is only the services of such GTA, who assumes agency functions that is being brought into the
GST net.
The question arises here what if the GTA did not issue consignment note. In that case if the document
issued contains the particulars specified above, it still would be covered under GTA. The same was
clarified by Hon’ble Supreme Court in the case of Commissioner v. Premier Tobacco Packers Pvt. Ltd 3.
2 Booklet, flyer and FAQ are issued for simple language and easy understanding, and they do not have force of law.
3 2018 (18) G.S.T.L. J38 (S.C.)
transport in a goods carriage of- goods are only exempt.
Thereby transportation services provided by GTA other than services covered above are taxable.
In this regard, para 1 of circular No. 47/21/2018-GST dated 08-06-2018 is to be referred which
clarifies that while calculating the value of the supply made by the Component Manufacturer (CM) to
Original Equipment Manufacturers (OEM), the value of moulds and dies provided by the OEM to the
CM on Free of Cost (FOC) basis shall not be added to the value of such supply because the cost of
moulds/dies was not to be incurred by the CM and thus, does not merit inclusion in the value of
supply in terms of section 15(2)(b) of the Act.
Based on above circular, the cost of fuel is not required to be included in value of supply.
However, a recent judgment by Chhattisgarh High Court in the case of M/s Shree Jeet Transport4 has
held diesel provided free of cost by the service recipient to the transporter providing GTA service be
added to the value for the purpose of GST based on the following observations-
a. Even by agreement between the GTA and service recipient, this statutory liability cannot be
sidelined by seeking to have the contract provide for recipient giving diesel FOC to GTA.
b. The value of service agreed to be provided necessarily will depend on the nature of service
and the nature of business as without fuel the entire business of GTA cannot survive.
c. Since the transportation is dependent on supply of fuel, it would be a crucial component to
run the business of GTA.
d. Therefore, the Circular No.47/21/2018-GST dated 8th June 2018 on which the petitioner
tried to rely upon would not be of any help especially considering the nature of business and
the provisions of Section 7(1)(a) and 15(2)(b) of CGST Act.
Rate of tax
The following table depicts the rate of tax applicable on GTA services along with mode of discharge of
tax i.e., Forward Charge (FCM) and Reverse Charge (RCM).
(Entry 9 of rate notification No. 11/2017-Central Tax (Rate) dated 28-06-2017 read with entry 1 of
RCM notification No. 13/2017- Central Tax (Rate) dated 28-06-2017)
6 FCM Eligible
Author’s suggestions: It is advised the procurement team of any registered person to check the
option exercised by the GTA and then comply for liability, if any under reverse charge.
It is now mandatory to follow HSN 9965 for GTA services and HSN 9967 no longer applies to GTA
services and only to transport services taxable @18%.
Explanation 4(iv) to the exemption notification No. 12/2017 ibid provides the following w.r.t. the ITC
restriction to GTA-
a. credit of input tax charged on goods/services used exclusively in supplying such service has
not been taken; and
b. credit of input tax charged on goods/services used partly for supplying such service and
partly for effecting other supplies eligible for input tax credits, is reversed as if supply of
such service is an exempt supply.
Let us understand the above with the following illustrations:
Case 1: ITC of Rs. 1,00,000/- was charged to GTA on goods & services procured for supplying GTA
services. In this case, GTA is not eligible to take credit of Rs.1,00,000/-.
Case 2: Say GTA is also engaged in the sale of laptops (taxable and completely eligible for credit) and
GTA services. ITC on common inputs procured for both the GTA services & laptops is Rs. 5,00,000/-.
Turnover from GTA services and laptop sales is Rs.8,00,000/- and Rs. 10,00,000/- respectively. In
such case, ITC attributable to GTA services is to be reversed considering GTA services as exempt
supply for the purposes of ITC reversal, as follows:
Author’s suggestions: It is advised to maintain separate track of expenses when GTA is also engaged
in other taxable supplies eligible to credit (otherwise ITC may need to be reversed more if GTA
turnover exceeds other taxable turnover).
Explanation (a) to the RCM notification No. 13/2017 ibid provides that the person (located in taxable
territory) who pays or liable to pay freight for the transportation of goods shall be treated as the
person who receives the service. Let us take the following cases (assuming GTA did not opt for FCM)-
a. If the consignor (being a specified person) pays freight to
GTA then he will be treated as the recipient of GTA
services, and liable to pay GST under RCM.
b. If the consignee (being a specified person) is liable or pays
the freight payment then he will be treated as the recipient
of GTA services, and liable to pay GST under RCM.
FCM
Section 13(2) of the CGST Act, 2017 provides ToS for services liable to GST under FCM as earlier of a
&b below-
a. earlier of-
i. date of invoice issued by GTA or
ii. date of provision of service by GTA (if invoice is not issued before or after 30 days
from date of supply of service) or
iii. the date of receipt of payment by GTA (earlier of date of payment entry in GTA’s BoAs
or date of credit in GTA’s bank account) or
b. date of expense entry in the recipient’s BoAs (if above clause do not apply).
Let us understand the above provision with the help of below illustrations.
Particulars Case 1 Case 2
Date of provision of GTA service 25-01-2024 25-01-2024
(a)
Date of invoice issued by GTA 22-02-2024 (within 30 days 27-02-2024 (not within 30
(b) from 25-01-2024) days from 25-01-2024)
Date of receipt of payment by 26-01-2024 26-01-2024
GTA (c)
ToS 26-01-2024 25-01-2024
(earlier of b or c) (earlier of a or c)
Generally, GTA issues invoice to the customer only when the “Proof the delivery” (POD) is submitted
to the RCI by the driver who delivered the goods to customer. The date of POD can be considered as
date of completion of service. In few circumstances there may delay in driver submitting the POD, this
leads to delay in raising of invoice by GTA to the customer.
RCM
Section 13(3) of the CGST Act, 2017 provides time of supply for services liable to GST under RCM as
earlier of a, b& c below-
a. earlier of-
i. date of payment entry in the recipient’s BoA or
ii. date of debit for payment in recipient’s bank account; or
b. 61st day from the date of invoice issued by GTA; or
c. date of expense entry in the recipient’s BoA (if above two clauses do not apply).
Let us understand the above provision with the help of below illustrations.
Particulars Date
Date of payment entry in recipient’s BoAs (a) 25-01-2024
Date of debit for payment in recipient’s BoAs (b) 22-02-2024
Invoice date (c) 26-01-2024
61st day from invoice date (d) 27-03-2024
ToS 25-01-2024 (earlier of [earlier of a or b] or d)
Continuous supply of GTA services
Sometimes contracts would be entered between the GTA and recipient to provide transportation
services over a period of time. In such cases, it is required to determine whether the same qualifies as
continuous supply of services, as due date of issue of invoice is different for continuous supply of
services. Section 2(33) of the CGST Act, 2017 provides continuous supply of services to mean as
follows-
a. supply of services provided or agreed to be provided,
b. continuously or on recurrent basis, under a contract,
c. for a period exceeding 3 months
d. with periodic payment obligations.
Section 31(5) of the Act provides when invoice is to be issued for continuous supply of services. The
same is depicted in the below table:
Particulars Invoice is to be issued on or before the
following-
If due date of ascertainable due date of payment
payment in the
contract is- not ascertainable date of receipt of payment by GTA
If payment is linked to the completion of an date of completion of the event
event.
If GTA services qualify as continuous supply of services, then invoice is to be issued as per above
provision and accordingly ‘when tax is to be paid’ is to be determined as per section 13(2) & 13(3) as
discussed above.
From above it is understood, determining the location of supplier is also utmost important to
determine PoS.
Hence, any GTA not required to issue e-invoice even having aggregate turnover exceeding the
prescribed limit in any F.Y. 2017-18 onwards shall be required to mention the above declaration
while issuing tax invoices to its customers.
The views expressed are strictly personal and based on position of law prevailing as on date. This cannot
be regarded as an opinion. For any queries or feedback please write to t.ashalatha2001@gmail.com.