Question :  Can GST charged as per transport bilti on movement of mineral from mine to the buyer be allowed as ITC to the buyer irrespective of the ownership of the transporting vehicle?

Answer: In case of an FOR contract for supply of mineral from the mine to the buyer, it is a composite supply where
the consideration will be inclusive of the transportation cost. Therefore, GST on forward charge will be payable by
the supplier of the mineral and credit will be available to the buyer if otherwise available. The supplier of the mineral will also pay tax on reverse charge basis on the freight charged by the GTA and the credit of the same will be available to the supplier of the mineral.

In case of an ex-works contract of supply, where the GTA service has been booked by the supplier at the instance of
the buyer and the service is billed by the GTA to the buyer and the minerals are billed by the supplier of the mineral
to the buyer, then GTA on reverse charge shall be paid by the buyer who shall be entitled to take credit of the same.
The tax on the mineral will be paid on forward charge by the supplier of the mineral and credit will be available to
the buyer if otherwise available.

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