Page 5 - Chap2 RCM
P. 5

Transportation  of  flour  by       55,000       Nil     Services provided by GTA by way of transport (in a
          GTA                                                     goods carriage) of flour are exempted from GST

          Transportation of   butter by      35,000      1,750    Though  services  provided  by  GTA  by  way  of
          GTA                                                     transport of milk is exempt from GST, road transport
                                                                  of  butter  will  not  be  exempted  as  butter  is  milk
                                                                  product and not milk.
                                                                  GST is payable by XYZ Ltd. under reverse charge in
                                                                  terms of section 5(3) of the IGST Act, 2017

          Transportation  of    baking       1500         75      GST is payable by XYZ Ltd. under reverse charge in
          powder by GTA                                           terms of section 9(3) of the CGST Act, 2017
         Transportation of   biscuits by     40,000      2,000    GST is payable by XYZ Ltd. under reverse charge in
         GTA to  sister concern                                   terms of section 5(3) of the IGST Act, 2017

         Total tax payable  by XYZ Ltd.                 43,435                            -
         on    availing  services  of
         different transporters

         ii) Computation of GST charged on transportation cost billed by XYZ Ltd. to its customers :-
           Legal Provision :- As per sec 8(a) read with sec 2(30) of CGST act 2017, The tax liability on a composite
            supply shall be treated as a supply of such principal supply.
           Since XYZ Ltd. is supplying biscuits on FOR basis, the service of transportation of biscuits gets bundled with
            the supply of biscuits. Thus, the supply of biscuits and transportation service is a composite supply, chargeable
            to tax at the rate applicable to the principal supply (biscuits) i.e.,12%.


           Particulars                                    Freight  GST Paid on  Freight billed (With       GST
                                                          paid (`)   freight (`)   mark-up@ 2% on        Charged
                                                            [A]          [B]          [A] +[B]) (`)    @ 12 %  (`)

          Transportation  of  biscuits  in  a  local  minivan   54,000                  55,080            6,610
          belonging to an individual

          Transportation of biscuits by  Indian Railways  3,17,000     15,850          3,39,507          40,741
          Transportation of biscuits by GTA              3,00,000     15,000          3,21,300           38,556
          Transportation of biscuits by GTA @12 %         73,000       8,760            83,395           10,007

          Total  tax  charged  by  XYZ  Ltd.  On                                                        95,914
          transportation cost billed to the customers*
         *Note:   It has been assumed that there is no mark-up on transportation cost billed to   sister concern (non-
         customer).




            Services by Advocate

         Q.2: Vakil & Vakil, a firm of lawyers rendered legal advice to B & Co., an architect, and MNO Ltd, an
         advertising agency during October, 20XX. Both B & Co. and MNO Ltd. are not entitled for threshold
         exemption in the said financial year. Who is liable to pay GST in this case?
         Will your answer be different if B & Co. and MNO Ltd. sought legal advice from Mr. A, a lawyer?
         Answer:- Legal Provision:
         Ü As per section 9(3) of CGST Act 2017, if legal services are provided by an individual advocate or a firm of
             advocate including a senior advocate to any business entity located in the taxable territory, then the GST is
             payable on reverse charge basis by recipient.
         Discussion & Conclusion:
         Ü In the given case, as the services are provided by firm of lawyers Vakil & Vakil to MNO ltd and B & Co. a


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