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What is meaning of RCM? Supplies of goods OR services under reverse charge mechanism

 Generally, liability to pay tax on supply of taxable goods or services or both is that of supplier of such goods or services or both. He is required to recover tax from his customer and deposit the same in the Government account. However, in respect of certain goods and services, the statute requires the recipient of such goods or services to pay tax on such suppliers. It is called payment of tax on “Reverse Charge Basis.”

“Meaning of Reverse Charge”:- The term “reverse charge” is defined under clause (98) of section 2 of the CGST Act, 2017 to mean liability to pay tax by the recipient of supply of goods or services or both instead of the supplier of such goods or services or both under sub-section (3) or sub-section (4) of section 9 of Central Goods and Services Tax Act, 2017 or under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act, 2017

Persons Making supplies covered by reverse charge are not required to get registered : By virtue of Notification No. 5/2017-Central Tax, dated 19-06-2017, the persons who are only engaged in making supplies of taxable goods or services or both, the total tax on which is liable to be paid on reverse charge basis by the recipient of such goods or services or both under sub-section (3) of section 9 of the said Act, have been exempted from taking registration.

Supplies of goods under reverse charge mechanism:-

S.

No.

Description of supply of goods

Supplier of goods

Recipient of goods

1.

Cashew nuts, not shelled or peeled

Agriculturist

Any registered person

2.

Bidi wrapper leaves (tendu)

Agriculturist

Any registered person

3.

Tobacco leaves

Agriculturist

Any registered person

4

Silk yarn

Any person who manufactures silk yarn from raw silk or silk worm cocoons for supply of silk yarn

Any registered person

4A.

Raw cotton

Agriculturist

Any registered person.

5.

Supply of lottery

State Government, Union Territory or any local authority

Lottery distributor or selling agent

6.

Used vehicles, seized and confiscated goods, old and used goods, waste and scrap

Central Government, State Government, Union territory or a local authority

Any registered person

 


Supplies of Services under reverse charge mechanism:

S.

No.

Description of supply of service

Supplier of service

Recipient of service

1.

Any service supplied by any person who is

located in a non-taxable territory to any person other than non-taxable online recipient.

Any person located in a non-taxable territory

Any person located in the taxable territory other than non-taxable online recipient.

2.

GTA Services

Goods Transport Agency (GTA) who has not paid integrated tax at the rate of 12%

Any factory, society, co- operative society, registered person, body corporate, partnership firm, casual taxable person;

located in the taxable territory

3.

Legal Services by advocate

An individual advocate including a senior advocate or firm of advocates

Any business entity located in the taxable territory

4.

Services supplied by an arbitral tribunal to a business entity

An arbitral tribunal

Any business entity located in the taxable territory

5.

Services provided by way of sponsorship to any body corporate or partnership firm

Any person

Any body corporate or partnership

firm located in the taxable territory

6.

Services supplied by the Central Government, State Government, Union territory or local authority to a business entity excluding, - (1) renting of immovable property, and (2) services specified below- (i) services by

the Department of Posts by way of speed post, express parcel post, life insurance, and agency services provided to

a person other than Central Government, State Government or Union territory or local authority;

(ii) services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport;

(iii) transport of goods or passengers.

Central Government, State Government, Union territory

or local authority

Any business entity located in the taxable territory

7.

Services supplied by a director of a company or a body corporate to the said company or the body corporate

A director of a company or a body corporate

The company or a body corporate located in the taxable territory

8.

Services supplied by an insurance agent to any person carrying on insurance business

An insurance agent

Any person carrying on insurance business, located in the taxable territory

9.

Services supplied by a recovery agent to a

banking company or a financial institution or a non-banking financial company

A recovery agent

A banking company or a financial institution or a non- banking financial company, located in the taxable territory

10.

Services supplied by a person located in non- taxable territory by way of transportation of goods by a vessel from a place outside India up

to the customs station of clearance in India

A person located in non-taxable territory

Importer, as defined in clause

(26) of section 2 of the Customs Act, 1962(52 of 1962), located in the taxable territory

11.

Supply of services by an author, music composer,

photographer, artist or the like by way of transfer or permitting the use or enjoyment of a copyright covered under section 13(1)(a) of the Copyright Act,

1957 relating to original literary, dramatic, musical or artistic works to a publisher, music company, producer or the like

Author or music

composer, photograph her, artist, or the like

Publisher, music company, producer or the

like, located in the taxable territory

12.

Supply of services by the members of Overseeing Committee to Reserve Bank of India

Members of Overseeing Committee constituted by the Reserve Bank of India

Reserve Bank of India.

13

Services provided by business facilitator (BF) to a banking company

Business Facilitator (BF)

A banking company located in the taxable territory.

14

Services provided by an agent of business correspondent (BC) to business correspondent (BC).

An agent of business correspondent (BC)

A business correspondent, located in the taxable territory.

15

Security Services provided to a registered person; Except

(i)                Composition dealer

(ii)             A government establishment, local authority, government agencies which has taken registration only for the compliances of section 51 of the said act.

Any person other than a body corporate

A registered person, located in the taxable territory.

16

Services provided by way of renting of any motor vehicle designed to carry passengers where the cost of fuel is included in the consideration charged from the service recipient, provided to a body corporate.

Any person, other than a body corporate who supplies the services to a body corporate and does not issue an invoice charging central tax at the rate of 6% to the service recipient

Any body corporate located in the taxable territory.

17

Services of lending of securities under Securities Lending Scheme, 1997 (Scheme) of Securities Board of India (SEBI), as amended.

Lender, i.e. a person who deposits the securities registered in his name or in the name of any other person duly authorized on his behalf with an approved intermediary for the purpose of lending under scheme of SEBI

Borrower

 

 

Disclaimer: All the Information is based on the notification, circular and order issued by the Govt. authority and judgement delivered by the court or the authority information is strictly for educational purposes and on the basis of our best understanding of laws & not binding on anyone.


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