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Money paid by the customer to the driver of the cab for the services of the trip is liable to GST

Shanti Prime Publication Pvt. Ltd.

Levy of GST—In the instant application, applicant is a private limited company engaged in in the business of Taxi Aggregation Service and Taxi Service. He states that the billing is done in the name of the Taxi Driver who provides the service for the particular trip and the taxi driver would collect the amount from the customer on the completion of the trip. The applicant shall not collect the amount on behalf of the taxi driver. The question before authority is that whether the money paid by the customer to the driver of the cab for the services of the trip is liable to GST and whether the applicant company is liable to pay GST on this amount. The applicant is not collecting any charges including trip commission, but only collects service charges for usage of IT services which he would have provided from his end. i.e. Mobile App and Billing related services. Customers pay directly to the drivers, whose turnover may not be more than Rs. 12 Lakh per annum and the applicant is of the opinion that he may not be required GST to be levied on the trip amount. Authority for Advance Ruling, Karnataka held that:—It is clear that the electronic commerce operator shall be liable to pay tax on the services provided by a motor cab or maxi cab or motor cycle or radio-taxi, by way of transportation of passengers, if such services are supplied through it and it shall be deemed that the electronic commerce operator is deemed to be supplier in such cases. There is no doubt that the services of transportation of passengers is supplied to the consumers through the applicant and by virtue of this provision, it shall be deemed that the applicant would be deemed to be the supplier liable to pay tax in relation to the supply of such service by the taxi operator. The applicant is liable to tax on the amounts billed by him on behalf of the taxi operators for the service provided in the nature of transportation of passengers through it, in accordance with the provisions of sub-section (5) of section 9 of the Central Goods and Services Tax Act 2017 read with Notification No. 17/2017 –Central Tax (Rate) dated 28.06.2017 and the provisions of sub-section (5) of section 9 of the Karnataka Goods and Services Tax Act 2017 read with Notification No. 17/2017 –State Tax (Rate) dated 28.06.2017.[2018] 51 TUD 313 (AAR-MAHARASTRA)