RCM on Security Charges applicable on inward supply of security charges

GST – Started By: – chandan bera – Dated:- 16-2-2019 Last Replied Date:- 18-2-2019 – Dear Sir/Madam, We, register regular tax payer under GST Act, have received security service from a registered supplier and values of the total contract in a year exceed 2.5 lakh. Q1) form 01/01/2019 as per Notification No. 29/2018- Central Tax (Rate) liable to pay GST on reverse charge? Q2) forms 01/01/2019 as per Notification No. 29/2018- Central Tax (Rate) liable to deduct TDS as per GST Act? – Reply By KASTURI SETHI – The Reply = Reply to Q. No.1 : If your firm is body corporate business entity and you receive security service from any person i.e. Partnership firm, Proprietorship, LLP, One person co., individual etc. you are required to pay GST under RCM. No threshold exemption limit is admissible under RCM. Reply to Q.No.2 : It is not relevant for you it is for GTA who supply services Govt. registered under GST for deduction of tax at source under Section 51 of CGST Act, 2017. – Reply By Ganeshan

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e a partnership firm. What is the status of service provider ?. Is he a body corporate? if yes, then he will charge GST on invoice and you need not have to pay GST under reverse charge. If he is not then you will have to pay GST under reverse charge. – Reply By Prudhvi Jakkula – The Reply = KASTURI SETHI sirYou said that if the firm is body corporate and service provider is any registered person RCM will not applicable. But if the service provider is also body corporate then the firm should pay tax in RCM.Correct me if wrong – Reply By Ganeshan Kalyani – The Reply = If both service provider and the service receiver are body corporate then body corporate providing service will charge GST on the invoice. RCM will be applicable in this case. However, as desired by the querist, the views of Sri Kasturi Sir is welcomed. – Reply By Ganeshan Kalyani – The Reply = Please read ''RCM will not be applicable'' in this case in second sentence of my last reply. – Reply By KASTURI SET

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supply of goods or services; or (4) A person registered under composition scheme (as per section 10 of CGST Act). Reply to Q.2 TDS provisions under GST will be applicable only under Section 51 of CGST Act which says deduction of tax by the Government Agencies (Deductor) or any other person to be notified in this regard, from the payment made or credited to the supplier (Deductee) of taxable goods or services or both, where the total value of such supply, under a contract, exceeds two lakhs and fifty thousand rupees. Presently, the persons liable to deduct TDS under GST are:- 1. a department or establishment of the Central Government or State Government; 2. Local Authority; 3. Governmental Agencies; 4. an authority or a board or any other body, – a. Set up by an Act of Parliament or a State Legislature; or b. Established by any Government, with fifty-one per cent. or more participation by way of equity or control, to carry out any function; 5. Society established by the Central Governm

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