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GST (GOODS AND SERVICES TAX)

REVERSE CHARGE
MECHANISM
Generally, the supplier of goods or services is liable to pay GST. Registration
However, in specified cases like imports and other notified A person who is required to pay tax under reverse charge has
supplies, the liability may be cast on the recipient under the to compulsorily register under GST and the threshold limit of
reverse charge mechanism. Reverse charge means the liability Rs. 20 lakhs (Rs. 10 lakhs for special category states except
to pay tax is on the recipient of supply of goods or services J & K) is not applicable to him.
instead of the supplier of such goods or services in respect of
notified categories of supply. ITC
A supplier cannot take ITC of GST paid on goods or services
There are two type of reverse charge scenarios provided in law. used to make supplies on which the recipient is liable to pay
First is dependent on the nature of supply and/or nature of tax.
supplier. This scenario is covered by section 9 (3) of the CGST/
SGST (UTGST) Act and section 5 (3) of the IGST Act. Second Time of Supply
scenario is covered by section 9 (4) of the CGST/SGST (UTGST) The time of supply is the point when the supply is liable to
Act and section 5 (4) of the IGST Act where taxable supplies by GST. One of the factor relevant for determining time of
any unregistered person to a registered person is covered. supply is the person who is liable to pay tax. In reverse
charge, the recipient is liable to pay GST. Thus, time of
As per the provisions of section 9(3) of CGST/SGST (UTGST) Act, supply for supplies under reverse charge is different
2017/section 5(3)of IGST Act, 2017, the Government may, on from the supplies which are under forward charge.
the recommendations of the Council, by notification, specify In case of supply of goods, time of supply is earliest of: -
categories of supply of goods or services or both, the tax on
which shall be paid on reverse charge basis by the recipient of (a) date of receipt of goods; or
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 (b) date of payment as per books of account or date of debit
the tax in relation to the supply of such goods or services or both. in bank account, whichever is earlier; or
Similarly, section 9(4) of CGST/SGST (UTGST) Act, 2017/section
5(4) of IGST Act, 2017 provides that the tax in respect of the supply (c) the date immediately following thirty days from the date
of taxable goods or services or both by a supplier, who is not of issue of invoice or similar other document.
registered, to a registered person shall be paid by such person on
reverse charge basis as the recipient and all the provisions of this In case of supply of services, time of supply is earliest of: -
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 (a) date of payment as per books of account or date of debit
or both. Accordingly, whenever a registered person procures in bank account, whichever is earlier; or
supplies from an unregistered supplier, he needs to pay GST on
reverse charge basis. However, supplies where the aggregate (b) the date immediately following sixty days from the date
value of such supplies of goods or services or both received by of issue of invoice or similar other document.
a registered person from any or all the unregistered suppliers is
less than five thousand rupees in a day are exempted.

Directorate General of Taxpayer Services


CENTRAL BOARD OF EXCISE & CUSTOMS
www.cbec.gov.in
GST (GOODS AND SERVICES TAX)

REVERSE CHARGE
MECHANISM
Where it is not possible to determine time of supply using above S. Description of Supplier of Recipient of goods
methods, the time of supply would be the date of entry in the No. supply of goods goods
books of account of the recipient.
4. Supply of State Lottery distributor
Compliances in respect of supplies under reverse charge lottery Government, or selling agent
mechanism: Union Territory
or any local
1. As per section 31 of the CGST Act, 2017 read with Rule 46 of the authority
CGST Rules, 2017, every tax invoice has to mention whether 5. Silk yarn Any person who Any registered
the tax in respect of supply in the invoice is payable on manufactures person
reverse charge. Similarly, this also needs to be mentioned in silk yarn from
receipt voucher as well as refund voucher, if tax is payable on raw silk or silk
reverse charge. worm cocoons
for supply of
2. Maintenance of accounts by registered persons: Every silk yarn
registered person is required to keep and maintain records
of all supplies attracting payment of tax on reverse charge Supplies of services under reverse charge mechanism:

3. Any amount payable under reverse charge shall be paid by S. Description of supply of Supplier of Recipient of
debiting the electronic cash ledger. In other words, reverse No. service service service
charge liability cannot be discharged by using input tax
1. GTA Services Goods Any factory,
credit. However, after discharging reverse charge liability,
Transport society,
credit of the same can be taken by the recipient, if he is
Agency co-operative
otherwise eligible.
(GTA) society,
registered
4. Invoice level information in respect of all supplies attracting
person, body
reverse charge, rate wise, are to be furnished separately in
corporate,
the table 4B of GSTR-1.
partnership
firm, casual
5. Advance paid for reverse charge supplies is also leviable to
taxable
GST. The person making advance payment has to pay tax
person;
on reverse charge basis.
located in
the taxable
Supplies of goods under reverse charge mechanism:
territory
S. Description of Supplier of Recipient of goods 2. Legal Services by An individual Any business
No. supply of goods goods advocate advocate, entity
including located in
1. Cashew nuts, Agriculturist Any registered a senior the taxable
not shelled or person advocate territory
peeled or a firm of
2. Bidi wrapper Agriculturist Any registered advocates
leaves (tendu) person
3. Tobacco leaves Agriculturist Any registered
person

Prepared by: National Academy of Customs, Indirect Taxes & Narcotics

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GST (GOODS AND SERVICES TAX)

REVERSE CHARGE
MECHANISM
S. Description of supply of Supplier of Recipient of S. Description of supply of Supplier of Recipient of
No. service service service No. service service service
3. Services supplied by An arbitral Any business 6. Services supplied by a A director of The company
an arbitral tribunal to a tribunal entity director of a company a company or a body
business entity located in or a body corporate to or a body corporate
the taxable the said company or the corporate located in
territory body corporate the taxable
4. Services provided by Any person Any body territory
way of sponsorship to corporate or 7. Services supplied by An insurance Any person
any body corporate or partnership an insurance agent to agent carrying on
partnership firm firm located any person carrying on insurance
in the taxable insurance business business,
territory located in
5. Services supplied by the Central Any business the taxable
Central Government, Government, entity territory
State Government, State located in 8. Services supplied by A recovery A banking
Union territory or local Government, the taxable a recovery agent to a agent company or
authority to a business Union territory banking company or a a financial
entity excluding: - territory financial institution or institution
(1) renting of immovable or local a non-banking financial or a non-
property, and authority company banking
(2) services specified financial
below: - company,
(i) services by the located in
Department of Posts the taxable
by way of speed territory
post, express parcel 9. Supply of services by an Author Publisher,
post, life insurance, author, music composer, or music music
and agency services photographer, artist composer, company,
provided to a person or the like by way of photograph producer
other than Central transfer or permitting her, artist, or or the like,
Government, State the use or enjoyment the like located in
Government or Union of a copyright covered the taxable
territory or local under section 13(1)(a) territory
authority; of the Copyright Act,
(ii) services in relation 1957 relating to original
to an aircraft or a literary, dramatic,
vessel, inside or musical or artistic works
outside the precincts to a publisher, music
of a port or an company, producer or
airport; the like
(iii) transport of
goods or passengers.

Prepared by: National Academy of Customs, Indirect Taxes & Narcotics

Follow us on:

@CBEC_India
cbecindia
@askGST_GoI

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