(i) Sahdev & Sons, a registered partnership firm located in Maharashtra, hires a goods transport agency (GTA) for transporting industrial raw…

CA Intermediate · Taxation · MTP · September 2025
(i) Sahdev & Sons, a registered partnership firm located in Maharashtra, hires a goods transport agency (GTA) for transporting industrial raw materials from Gujarat to their factory. The GTA has opted to pay GST under the forward charge mechanism at the rate of 12% and issues a tax invoice. Discuss who is liable to pay GST in this case and why, as per the relevant provisions of GST law. (ii) Manmohan Enterprises has two registered places of business in Delhi. Its aggregate turnover in the preceding financial year for both the places of business is 120 lakh. It wishes to pay tax under composition levy, under section 10(1) & 10(2) of the CGST Act, 2017, for one of the places of business for the current financial while continuing paying under normal levy for other. You are required to advice Manmohan Enterprises whether he can do so?

Suggested Answer and Working Notes:

(i) In accordance with section 9 (3) of the CGST Act, 2017, services provided by a Goods Transport Agency (GTA) to partnership firm are taxable under Reverse Charge Mechanism (RCM). Provided, Where the GTA opts to pay GST under the forward charge at 12%, and issues a tax invoice charging GST, GTA is liable to pay GST. In the given case, the GTA has exercised the option to pay tax at 12% under forward charge and issued a tax invoice to Sahdev & Sons. Thus, GTA is liable to pay the tax under forward charge and Sahdev & Sons are not required to discharge tax under RCM. (ii) A registered person with an aggregate turnover in a preceding financial year up to 1.5 crore is eligible for composition levy, under section 10 (1) & 10 (2) of the CGST Act, 2017, in Delhi. Since the aggregate turnover of Manmohan Enterprises does not exceed - 1.5 crore, it is eligible for composition levy in the current year. However, all registered persons having the same Permanent Account Number (PAN) have to opt for composition scheme. If one such registered person opts for normal scheme, others become ineligible for composition scheme. Thus, Manmohan Enterprises either have to opt for composition levy for both the places of business or under normal levy for both the places of business.

Topics: Paper 3A: Income Tax Laws, Paper 3B: Goods and Services Tax

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic