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GST-REVERSE CHARGE
MECHANISM
INTRODUCTION
In some cases , GST is payable by the recipient of goods and
services or both. The collection mechanism when recipient is
made liable to pay tax is called reverse charge mechanism
(RCM).
As per section 2(98) of CGST act, “The reverse charge means
the liability to pay tax by the recipient of supply goods
/services/both instead of supplier of goods/services/both
under section 9(3) & 9(4) of the act or under section 5(3) &
5(4) of IGST act.
FEATURES OF RCM:
1) EXPANDED SCOPE:
In the GST law , the scope of reverse charge is expanded to include goods that
may be notified, even if the supplier is registered.
2) NO PARTIAL REVERSE CHARGE:
Under service tax laws , there was scheme of partial reverse charge of joint charge on
supplier and recipient . In GST , the concept has been discontinued.
3) COMPULSORY REGISTRATION:
The person who are required to pay tax under reverse charge are required to be
registered
,irrespective of the threshold limit specified in section 22(1).
4) CONCESSIONAL COMPOSITE RATE NOT APPLICABLE:
the composition suppliers being recipients of supplies on which tax is payable on
reverse charge basis , will have to remit tax at the applicable rates , and not the
concessional composition rates.
5) NOT INCLUDED IN AGGREGATE TURNOVER
FORWARD CHARGE VS REVERSE CHARGE
WHEN IS RCM APPLICABLE?
A. Supply from an Unregistered dealer to a Registered
dealer
If a vendor who is not registered under GST, supplies goods to a
person who is registered under GST, then Reverse Charge would
apply . This means that the GST will have to be paid directly by the
receiver to the Government instead of the supplier.
The registered dealer who has to pay GST under reverse charge has
to do self-invoicing for the purchases made.
For Inter-state purchases the buyer has to pay IGST. For Intra-state
purchased CGST and SGST has to be paid under RCM by the
purchaser.
B. Services through an e-commerce operator
If an e-commerce operator supplies services then reverse charge will be
applicable to the e-commerce operator. He will be liable to pay GST.
For example, urbanClap provides services of plumbers, electricians, teachers,
beauticians etc. UrbanClap is liable to pay GST and collect it from the customers
instead of the registered service providers.
If the e-commerce operator does not have a physical presence in the taxable
territory, then a person representing such electronic commerce operator for any
purpose will be liable to pay tax. If there is no representative, the operator will
appoint a representative who will be held liable to pay GST.
C. Supply of certain goods and services specified by CBEC
CBEC has issued a list of goods and a list of services on which reverse charge is
applicable.
MODE OF PAYMENT UNDER RCM
As per section 49(4),the amount available in the electronic credit
ledger may be used for making payment towards output tax under
CGST/IGST.
Section 2(82) of CGST Act specifically excluded tx payable on
reverse charge basis in “Output tax”.
Therefore, when section 49(4) is read with section 2(82),it becomes
clear that the GST under reverse charge cannot be paid by utilizing
input tax credit i.e the electronic credit ledger cannot be utilized for
it.
Hence ,when gst is payable under reverse charge, it should be paid
by cash only. It means it will be paid through electronic cash ledger
only.
OUTWARD SUPPLY VS INWARD SUPPLY UNDER RCM
S.NO BASIS OUTWARD
SUPPLY UNDER
RCM
INWARD SUPPLY
UNDER RCM
1. Tax liability Supplier is not liable to pay tax
on suchoutward supply.
Recipient shall be liable to pay
tax on such inward supply.
2. Related input tax credit The supplier is not entitled to
avail ITC on such outward
supply.
After payment of GST, the
recipient mayavail ITC if he is
otherwise fulfilling all
conditions related to availment
of ITC.
3. Aggregate supply As per section2(6),such supply
shall be considered as a part of
aggregate turnover.
Shall not be considered in part
of aggregate turnover.
4. Flat rate taxation
scheme
If supplier is composite supplier
, he shall not be liable to pay gst
on such outward supply.
If recipient is composite supplier,
he will be liable to pay full gst on
inward supply under reverse
charge.
PROVISIONS UNDER GST FOR REVERSE CHARGE
Under CGST act ,2017 there are two provisions
given under section 9(3) and 9(4) of the act
relating to reverse charge. There are two types
of reverse charge:
REVERSE CHARGE UNDER NOTIFICATION{
section 9(3)}
REVERSE CHARGE UNDER ACT{section 9(4)}
SECTION 9(3) VS SECTION
9(4)

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GST-REVERSE-CHARGE-MECHANISM.pptx

  • 2. INTRODUCTION In some cases , GST is payable by the recipient of goods and services or both. The collection mechanism when recipient is made liable to pay tax is called reverse charge mechanism (RCM). As per section 2(98) of CGST act, “The reverse charge means the liability to pay tax by the recipient of supply goods /services/both instead of supplier of goods/services/both under section 9(3) & 9(4) of the act or under section 5(3) & 5(4) of IGST act.
  • 3. FEATURES OF RCM: 1) EXPANDED SCOPE: In the GST law , the scope of reverse charge is expanded to include goods that may be notified, even if the supplier is registered. 2) NO PARTIAL REVERSE CHARGE: Under service tax laws , there was scheme of partial reverse charge of joint charge on supplier and recipient . In GST , the concept has been discontinued. 3) COMPULSORY REGISTRATION: The person who are required to pay tax under reverse charge are required to be registered ,irrespective of the threshold limit specified in section 22(1). 4) CONCESSIONAL COMPOSITE RATE NOT APPLICABLE: the composition suppliers being recipients of supplies on which tax is payable on reverse charge basis , will have to remit tax at the applicable rates , and not the concessional composition rates. 5) NOT INCLUDED IN AGGREGATE TURNOVER
  • 4. FORWARD CHARGE VS REVERSE CHARGE
  • 5. WHEN IS RCM APPLICABLE? A. Supply from an Unregistered dealer to a Registered dealer If a vendor who is not registered under GST, supplies goods to a person who is registered under GST, then Reverse Charge would apply . This means that the GST will have to be paid directly by the receiver to the Government instead of the supplier. The registered dealer who has to pay GST under reverse charge has to do self-invoicing for the purchases made. For Inter-state purchases the buyer has to pay IGST. For Intra-state purchased CGST and SGST has to be paid under RCM by the purchaser.
  • 6. B. Services through an e-commerce operator If an e-commerce operator supplies services then reverse charge will be applicable to the e-commerce operator. He will be liable to pay GST. For example, urbanClap provides services of plumbers, electricians, teachers, beauticians etc. UrbanClap is liable to pay GST and collect it from the customers instead of the registered service providers. If the e-commerce operator does not have a physical presence in the taxable territory, then a person representing such electronic commerce operator for any purpose will be liable to pay tax. If there is no representative, the operator will appoint a representative who will be held liable to pay GST. C. Supply of certain goods and services specified by CBEC CBEC has issued a list of goods and a list of services on which reverse charge is applicable.
  • 7. MODE OF PAYMENT UNDER RCM As per section 49(4),the amount available in the electronic credit ledger may be used for making payment towards output tax under CGST/IGST. Section 2(82) of CGST Act specifically excluded tx payable on reverse charge basis in “Output tax”. Therefore, when section 49(4) is read with section 2(82),it becomes clear that the GST under reverse charge cannot be paid by utilizing input tax credit i.e the electronic credit ledger cannot be utilized for it. Hence ,when gst is payable under reverse charge, it should be paid by cash only. It means it will be paid through electronic cash ledger only.
  • 8. OUTWARD SUPPLY VS INWARD SUPPLY UNDER RCM S.NO BASIS OUTWARD SUPPLY UNDER RCM INWARD SUPPLY UNDER RCM 1. Tax liability Supplier is not liable to pay tax on suchoutward supply. Recipient shall be liable to pay tax on such inward supply. 2. Related input tax credit The supplier is not entitled to avail ITC on such outward supply. After payment of GST, the recipient mayavail ITC if he is otherwise fulfilling all conditions related to availment of ITC. 3. Aggregate supply As per section2(6),such supply shall be considered as a part of aggregate turnover. Shall not be considered in part of aggregate turnover. 4. Flat rate taxation scheme If supplier is composite supplier , he shall not be liable to pay gst on such outward supply. If recipient is composite supplier, he will be liable to pay full gst on inward supply under reverse charge.
  • 9. PROVISIONS UNDER GST FOR REVERSE CHARGE Under CGST act ,2017 there are two provisions given under section 9(3) and 9(4) of the act relating to reverse charge. There are two types of reverse charge: REVERSE CHARGE UNDER NOTIFICATION{ section 9(3)} REVERSE CHARGE UNDER ACT{section 9(4)}
  • 10. SECTION 9(3) VS SECTION 9(4)