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Notification No. 22/2017 – Central Tax (Rate) Explained

by Shakshi Bharti | Apr 27, 2024 | GST, 2017 Notifications, Central Tax (Rate) 2017 Notifications, Notifications | 0 comments

Important Keyword: GTA RCM GST India, LLP GST classification, notification 22/2017 GST, reverse charge GTA rules, GST transport services,

Words: 789 Read time: 4 minutes.

[F. No. 354/173/2017- TRU]
Government of India
Ministry of Finance
(Department of Revenue)

New Delhi, the 22nd August, 2017

Notification No. 22/2017- Central Tax (Rate): Seeks to amend notification No. 13/2017-CT(R) to amend RCM provisions for GTA and to insert explanation for LLP.

GST: [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GSR......(E).- In exercise of the powers conferred by sub-section (3) of section 9 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government on the recommendations of the Council hereby makes the following amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.13/2017- Central Tax (Rate), dated the 28th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 692(E), dated the 28th June, 2017, namely:-

In the said notification,-

i. in the Table, against serial number 1, in column (2), after the words and brackets “goods transport agency (GTA)” the words and figure “, who has not paid central tax at the rate of 6%,” shall be inserted;

ii. in the Explanation, after clause (d), the following clause shall be inserted, namely:-

“(e) A “Limited Liability Partnership” formed and registered under the provisions of the Limited Liability Partnership Act, 2008 (6 of 2009) shall also be considered as a partnership firm or a firm.”.

(Ruchi Bisht)
Under Secretary to the
Government of India

Note:- The principal notification was published in the Gazette of India, Extraordinary, vide notification No. 13/2017 - Central Tax (Rate), dated the 28th June, 2017, vide number G.S.R. 692 (E), dated the 28th June, 2017.


📚 Frequently Asked Questions (FAQs): Notification No. 22/2017 – Central Tax (Rate)

Q1: What is Notification 22/2017 in GST?

Answer: It clarifies GTA RCM and LLP status.
It amends Notification 13/2017 to define when RCM applies for GTA and treats LLP as partnership firm.

Q2: When does RCM apply to GTA services?

Answer: When GTA does not pay GST.
If GTA has not opted for forward charge, recipient must pay GST under RCM.

Q3: Can GTA choose to pay GST?

Answer: Yes, GTA has an option.
It can opt to pay GST under forward charge instead of RCM.

Q4: What is forward charge in GTA?

Answer: GTA pays GST directly.
In this case, recipient is not liable under RCM.

Q5: What is LLP under GST?

Answer: LLP is treated as partnership firm.
This affects GST liability and RCM applicability.

Q6: Does RCM apply to LLP?

Answer: Yes, similar to partnership firms.
LLPs are included under RCM categories.

Q7: How to check if RCM applies?

Answer: Check GTA invoice.
If GST is not charged, RCM likely applies.

Q8: Is GST rate changed in this notification?

Answer: No, only clarification.
Rates remain same; only liability clarified.

Q9: Can wrong RCM application lead to penalty?

Answer: Yes, it can.
Incorrect GST payment may result in demand and penalties.

Q10: Who should be careful about this?

Answer: Businesses using transport services.
Especially frequent users of GTA services.

Q11: What is Notification 13/2017?

Answer: It lists RCM services.
Notification 22/2017 modifies it.

Q12: Does this apply to all transport services?

Answer: No, only GTA services.
Other transport services may have different rules.

Q13: Can ITC be claimed under RCM?

Answer: Yes, subject to conditions.
Recipient paying GST under RCM can claim ITC.

Q14: Why was LLP clarification needed?

Answer: To remove ambiguity.
Earlier, LLP classification created confusion.

Q15: Where to get GST help?

Answer: Professional support helps.
Many businesses rely on experts for RCM compliance.


Download PDF: Notification No. 22/2017 – Central Tax (Rate)


More Information: https://taxinformation.cbic.gov.in/

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