{"id":3981,"date":"2020-03-20T06:27:19","date_gmt":"2020-03-20T06:27:19","guid":{"rendered":"https:\/\/commerceiets.com\/?p=3981"},"modified":"2020-03-20T06:27:19","modified_gmt":"2020-03-20T06:27:19","slug":"reverse-charge-in-gst","status":"publish","type":"post","link":"https:\/\/commerceiets.com\/reverse-charge-in-gst\/","title":{"rendered":"REVERSE CHARGE IN GST"},"content":{"rendered":"\n
The reverse charge in GST applies to supplies of both goods and services. \u201cReverse charge\u201d means the liability to pay tax by the person receiving goods and\/or services instead of the person supplying the goods and\/or services in respect of such categories of supplies as the Central or a State Government may, on the recommendation of the GST Council<\/a>. GST council specify reverse charge mechanism in clause 2(85) of Model GST<\/a> Law, 2016.<\/strong><\/p>\n\n\n\n Those who are covered under Reverse Charge\nprovisions have to see the following three aspects.<\/p>\n\n\n\n The\nprovisions regarding reverse charge are as follows:<\/p>\n\n\n\n APPLICABILITY OF REVERSE CHARGE<\/strong><\/p>\n\n\n\n As per Sec 9(4) of CGST <\/a>Act<\/strong>, if a registered person purchases goods\/services from an unregistered dealer (URD) then the registered taxpayer is liable to pay GST on reverse charge basis( only for certain goods\/services & registered persons). All the provisions of the Act will apply to such recipient as if he were the person liable for paying the tax in relation to the supply of goods or services.<\/p>\n\n\n\n This provision will apply if the below conditions are met:<\/p>\n\n\n\n Supply of certain goods or services notified by CBEC\n(Central Board of Indirect Taxes).<\/p>\n\n\n\n GOODS\nNOTIFIED UNDER REVERSE CHARGE<\/strong><\/p>\n\n\n\n Goods like Cashew nuts (not shelled \/ peeled), bidi\nwrapper leaves, tobacco leaves, supply of lottery, silk \/ yarn etc. are taxable\nunder reverse charge mechanism i.e., recipient is liable to pay tax.<\/p>\n\n\n\n SERVICE\nNOTIFIED UNDER REVERSE CHARGE<\/strong><\/p>\n\n\n\n The following categories of services are notified under\nreverse charge mechanism. The recipient of services is liable to pay GST in\ncase of following services.<\/p>\n\n\n\n TAX\nPAYABLE BY THE E-COMMERCE OPERATOR ON NOTIFIED SERVICES<\/strong><\/p>\n\n\n\n TIME OF SUPPLY FOR GOODS UNDER\nREVERSE CHARGE<\/strong><\/p>\n\n\n\n As per Section 12(3) of the CGST Act, 2017<\/strong> in case of supplies of goods in respect of\nwhich tax is paid or liable to be paid on reverse charge basis, the time of\nsupply shall be the earliest of the following dates, namely :-<\/p>\n\n\n\n (a)\nDate of receipt of goods; or<\/p>\n\n\n\n (b)\nDate of payment as entered in the books of account of the recipient or the date\non which the payment is debited in his bank account, whichever is earlier; or<\/p>\n\n\n\n (c)\nThe date immediately following 30 days from the date of issue of invoice or any\nother document, or similar other document thereof by the supplier.<\/p>\n\n\n\n Provided\nthat where it is not possible to determine the time of supply under clause (a)\nor clause (b) or clause (c), the time of supply shall be the date of entry in\nthe books of account of the recipient of supply.<\/p>\n\n\n\n TIME OF SUPPLY FOR SERVICES UNDER\nREVERSE CHARGE<\/strong><\/p>\n\n\n\n As per Section 13(3) of the CGST Act, 2017<\/strong> in case of supplies for Services in respect\nof which tax is paid or liable to be paid on reverse charge basis, the time of\nsupply shall be the earliest of the following dates, namely :-<\/p>\n\n\n\n (a)\nThe date of payment as entered in the books of account of the recipient or the\ndate on which the payment is debited in his bank account, whichever is earlier;\nor<\/p>\n\n\n\n (b)\nThe date immediately following 60 days from the date of issue of invoice or any\nother documents, similar other document thereof by the supplier.<\/p>\n\n\n\n Provided,\nwhere it is not possible to determine time of supply by using above methods\nunder clause (a) and clause (b), the time of supply shall be the date of entry\nin the books of account of the recipient of supply.<\/p>\n\n\n\n INPUT TAX CREDIT UNDER RCM<\/strong><\/p>\n\n\n\n A\nsupplier cannot take Input Tax Credit of GST paid on goods or services used to\nmake supplies on which the recipient is liable to pay tax under reverse charge.<\/p>\n\n\n\n The\nrecipient can avail Input Tax Credit of GST amount that is paid under reverse\ncharge on receipt of goods or services by him.<\/p>\n\n\n\n GST\npaid on goods or services under reverse charge mechanism is available as ITC to\nthe registered person provided that such goods or services are used or will be\nused for business or furtherance of business.<\/p>\n\n\n\n The\nITC is availed by recipient cannot be used towards payment of output tax on\ngoods or services, the payment of tax under reverse charge only on cash.<\/p>\n\n\n\n COMPLIANCES IN RESPECT OF\nSUPPLIES UNDER REVERSE CHARGE MECHANISM<\/strong><\/p>\n\n\n\n (1)\nAs per Section 31 of the CGST Act, 2017 read with Rule 46 of the CGST Rules,\n2017, every tax invoice has to mention whether the tax in respect of supply in\nthe invoice is payable on reverse charge. Similarly, this also needs to be\nmentioned in receipt voucher as well as refund voucher, if tax is payable on\nreverse charge.<\/p>\n\n\n\n (2) Maintenance of accounts by registered persons:<\/em> <\/strong>Every registered person is required to keep and maintain records of all supplies attracting payment of tax on reverse charge.<\/p>\n\n\n\n (3)\nAny amount payable under reverse charge shall be paid by debiting the\nelectronic cash ledger. In other words, reverse charge liability cannot be\ndischarged by using input tax credit. However, after discharging reverse charge\nliability, credit of the same can be taken by the recipient, if he is otherwise\neligible.<\/p>\n\n\n\n (4)\nInvoice level information in respect of all supplies attracting reverse charge,\nrate wise, are to be furnished separately in column 4B of GSTR-1.<\/p>\n\n\n\n (5)\nAdvance paid for reverse charge supplies is also leviable to GST. The person\nmaking advance payment has to pay tax on reverse charge basis.<\/p>\n\n\n\n PROFIT & LOSS ITEMS WHICH MIGHT ATTRACT GST UNDER RCM<\/strong><\/p>\n\n\n\n Following is an example of some\nexpenses which can attract GST under Reverse Charge Mechanism:<\/p>\n\n\n\n EXCEPTIONS<\/strong><\/p>\n\n\n\n For these items, RCM will not\napply for the simple reason that GST is not applicable on these:<\/p>\n\n\n\n Examples:<\/strong><\/strong><\/p>\n\n\n\n A registered person hires an auto rickshaw for commuting from one place to another. <\/strong><\/p>\n\n\n\n This section will not apply as\nthe transportation of passenger by auto rickshaw is exempted from GST.<\/p>\n\n\n\n A registered person stays in a budget hotel whose tariff is Rs. 800 per day. <\/strong>Since the room tariff is less than \u20b91,000 it is exempted from GST. The question of RCM does not arise.<\/p>\n\n\n\n EFFECT OF RCM ON BUSINESS HOUSES<\/strong><\/p>\n\n\n\n This will increase working\ncapital, compliances, classification disputes etc. for registered businesses.\nRegistered businesses may prefer to deal with other registered dealers only to\nease business processes and reduce complications. <\/p>\n\n\n\n This could hamper the business of unregistered dealers. In order to maintain market share, they might be required to voluntarily register or at least assist their registered customers in GST compliance (such as identify HSN Codes, applicable GST rates etc.)<\/p>\n\n\n\n JOIN THE CHANNEL ON TELEGRAM<\/strong><\/p>\n\n\n\n https:\/\/t.me\/commerceiets<\/a><\/p>\n\n\n\n CONNECT ON LINKEDIN<\/strong><\/p>\n\n\n\n https:\/\/www.linkedin.com\/in\/kajal-mahajan-7549b2197\/<\/a><\/p>\n\n\n\n