Company tax return for transportation companies in India

Company Tax Return for Transportation Companies in India

Transportation is a vital part of the economy as any problem in transportation disrupts the entire business channel. This is why any petrol price change has a far-reaching effect in disruption of business. We have covered articles on transport by rail & air. In this article, we will discuss the goods transportation and GTA (Goods Transport Agency) and the provisions of GST applicable on them.

  

Goods Transportation in India

The most popular form of goods transport in India is via road. As per the National Highways Authority of India, about 65% of freight and 80% passenger traffic is carried by the roads. Transportation of goods by road is done by transporter or courier agency. This article will discuss the transporter, i.e, the GTA



What service of transportation of goods is exempt under GST?

Services by way of transportation of goods are exempted:

by road except the services of:  a goods transportation agency;  or  a courier agency
by inland waterways.

Therefore, the service of transportation of goods by road continues to be exempt even under the GST regime. GST is applicable only on goods transport agencies, GTA.


What is a GTA?

As per Notification No. 11/2017-Central Tax (Rate) dated 28th June, 2017, “goods transport agency” or GTA means any person who provides service in relation to transport of goods by road and issues consignment note, by whatever name called. This means, while others might also hire out vehicles for goods transportation, only those issuing a consignment note are considered as a GTA. Thus, a consignment note is an essential condition to be considered as a GTA.


What is a consignment note?

A consignment note is a document issued by a goods transportation agency against the receipt of goods for the purpose of transporting the goods by road in a goods carriage. If a consignment note is not issued by the transporter, the service provider will not come within the ambit of the goods transport agency.

If a consignment note is issued, it means that the lien on the goods has been transferred to the transporter. Now the transporter is responsible for the goods till it’s safe delivery to the consignee.

A consignment note is serially numbered and contains –

Name of consignor

Name of consignee

Registration number of the goods carriage in which the goods are transported

Details of the goods

Place of origin

Place of destination.

Person liable to pay GST – consignor, consignee, or the GTA.


Services provided by a GTA

The service includes not only the actual transportation of goods, but other intermediate/ancillary service provided such as-

Loading/unloading

Packing/ unpacking

Trans-shipment

Temporary warehousing etc.

If these services are included and not provided as independent activities, then they are also covered under GTA.

Situation under Service Tax

RCM applied under the Service tax laws too. There was an abatement of 60% (40% taxable) for transportation of used household goods and 70% (30% taxable) for transportation of normal goods

Service by a GTA             

GST rate

Carrying-agricultural produce, milk, salt and food grain including flour, pulses and rice, organic manure, newspaper or magazines registered with the Registrar of Newspapers, relief materials meant for victims of natural or man-made disasters, defence or military equipment

0%

Carrying- goods, where consideration charged for the transportation of goods on a consignment transported in a single carriage is less than Rs. 1,500

0%

Carrying- goods, where consideration charged for transportation of all such goods for a single consignee does not exceed Rs. 750

0%

Any other goods

5% No ITC or 12% with ITC

Used household goods for personal use

0%

Transporting goods of unregistered persons

Earlier exempted, but later made taxable; currently, list yet to be notified

Transporting goods of unregistered casual taxable persons

Earlier exempted, but later made taxable; currently, list yet to be notified

Transporting goods (GST paid by GTA)

5% No ITC or 12% with ITC

Transporting goods of 7 specified recipients

Irrespective of GTA choosing 12% (with ITC) and 5% (without ITC), if the GTA opts for paying tax on forward charge by giving a yearly declaration^, then it appears in the tax invoice. If that declaration is not given, then GTA has chosen for the reverse charge where the recipient must deposit tax and ITC cannot be availed by the GTA.

Hiring out vehicle to a GTA

0%


GTA liable to register

There was a lot of confusion about whether a GTA has to register under GST. As per Notification No. 5/2017- Central Tax dated 19/06/2017, a person who is engaged in making only supplies of taxable goods/services on which Reverse Charge Mechanism (RCM) applies is exempted from obtaining registration under GST.
Thus, a GTA does not have to register under GST if he is exclusively transporting goods where the total tax is required to be paid by the recipient under reverse charge basis (even if the turnover exceeds the threshold limit).
Also, if your GTA is GST registered, you can check the authenticity of the GSTIN using the GST search tool.




Created & Posted by Suraj Kumar

Accountant at TAXAJ


TAXAJ is a consortium of CA, CS, Advocates & Professionals from specific fields to provide you a One Stop Solution for all your Business, Financial, Taxation & Legal Matters under One Roof. Some of them are: Launch Your Start-Up Company/BusinessTrademark & Brand RegistrationDigital MarketingE-Stamp Paper OnlineClosure of BusinessLegal ServicesPayroll Services, etc. For any further queries related to this or anything else visit TAXAJ

 

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