Reverse Charge Mechanism

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REVERSE CHARGE MECHANISM UNDER GST

1Prof. Somesh Kumar Shukla 2 Anjali


Professor SRF
Department of Commerce Department of Commerce
University of Lucknow University of Lucknow
Lucknow Lucknow

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Content
 Introduction
 Forward Charge vs Reverse Charge Mechanism
 Section 9(3) of CGST, 2017 / section 5(3)of IGST
Act, 2017
 Section 9(4) of CGST, 2017 / section 5(4)of IGST
Act, 2017
 Other Compliances under Reverse Charge
Mechanism
Introduction
 Generally, the supplier of goods or services is liable to pay GST.
However, in specified cases like imports and other notified
supplies, the recipient is liable to pay GST under the reverse
charge mechanism.
 Section 2 (98) of CGST Act, 2017 defines Reverse Charge as
 the 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 the
CGST Act,
or
 under sub-section (3) or sub- section (4) of section 5 of the
IGST Act.
Forward Charge vs Reverse Charge
Mechanism
 Forward charge/ Direct charge/ Normal Charge mechanism :
 This is the mechanism where the supplier of goods/services is liable to pay tax the
Government.
 For instance, if a chartered accountant provided a service to his client, the service tax
will be payable by the chartered accountant, (service Provider or supplier)
Or
if a car manufacturing company sold some auto parts to a trader and collected tax from
the trader, the manufacturing company remits the tax.
 Reverse charge Mechanism:
 This is the mechanism where the receiver of services is liable to pay the tax the
Government.
 In this mechanism, chartered accountant (CA), the client (Service receiver) would be
liable to pay the GST, not the CA.
 It is defined u/s 2(98) of the CGST Act, 2017.
Forward Charge vs Reverse Charge
Mechanism
Forward Charge

Supplies & collects Payment with GST

Supplier Receiver Government


Receives & makes payment with GST

Deposits collected tax (GST) from the Receiver

Reverse Charge
Supplies & collects Payment Deposits tax (GST) on the behalf
without GST of Supplier
Supplier Receiver Government
Receives & makes payment
without GST
Section 9(3) of CGST, 2017 / section 5(3)of
IGST Act, 2017
 The Government may, on the recommendations of the Council, by
notification, specify categories of supply of goods or services or
both, the tax on which shall be paid on reverse charge basis by the
recipient of such goods or services or both and;
 all the provisions of this Act shall apply to such recipient as if he is
the person liable for paying the tax in relation to the supply of such goods
or services or both.
Section 9(4) of CGST, 2017 / section 5(4)of
IGST Act, 2017
 The Government may, on the recommendations of the Council, by notification,
specify a class of registered persons who shall, in respect of supply of specified
categories of goods or services or both received from an unregistered
supplier, pay the tax on reverse charge basis as the recipient of such supply of
goods or services or both and;
 all the provisions of this Act shall apply to such recipient as if he is the person
liable for paying the tax in relation to such supply of goods or services or both.
Other Compliances under Reverse Charge
Mechanism
 Registration
Persons who are required to pay tax under reverse charge shall be required to be
registered under CGST Act, 2017 [Sec. 24(iii) of CGST Act, 2017].
 Invoice [Sec. 31 (f) and (g) of CGST Act, 2017]
 a registered person who is liable to pay tax under sub-section (3) or subsection (4)
of section 9 shall issue an invoice in respect of goods or services or both received
by him (recipient) from the supplier who is not registered on the date of receipt of
goods or services or both;
 a registered person who is liable to pay tax under sub-section (3) or subsection (4)
of section 9 shall issue a payment voucher at the time of making payment to the
supplier.
Other Compliances under Reverse Charge
Mechanism
 Maintenance of Accounts [ Rule no. 56 (1) of Part-A, Central Goods and
Services Tax (CGST) Rules, 2017]
 Every registered person shall keep and maintain,
 in addition to the particulars mentioned in sub-section (1) of section 35
of CGST Act 2017,
 a true and correct account of the goods or services imported or
exported or of supplies attracting payment of tax on reverse charge
 along with the relevant documents, including invoices, bills of supply,
delivery challans, credit notes, debit notes, receipt vouchers, payment
vouchers and refund vouchers.
Other Compliances under Reverse Charge
Mechanism
 Furnishing Details of Inward Supply [Sec. 38(2) of the CGST Act,
2017]
 Every registered person, other than an Input Service Distributor or a
nonresident taxable person or a person paying tax under the provisions
of section 10 or section 51 or section 52 of CGST Act,
 shall furnish, electronically, the details of inward supplies of
taxable goods or services or both,
 including inward supplies of goods or services or both on which the tax
is payable on reverse charge basis under CGST Act.
References
 https://www.cbic.gov.in/resources//htdocs-cbec/gst/CGST-Act-
Updated-30.09.2020.pdf
 https://www.cbic.gov.in/resources//htdocs-
cbec/gst/30.07.2020_CGST%20Rules,%202017_(Part-A_Rules).pdf
 https://www.cbic.gov.in/resources//htdocs-cbec/gst/IGST-Act-
Updated.pdf
 https://www.cbic.gov.in/resources//htdocs-
cbec/gst/51_GST_Flyer_Chapter12.pdf;jsessionid=C27171324C5E6701
C3A5980D72E3857F
 Shukla,S. (2018), “Goods and Services Tax with Customs Duty”,
published by New Royal Book Co., Lucknow, ISBN: 978-93-83138-85-2

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