Reverse charge mechanism
This query is : Resolved
22 August 2013
Dear Sir,
My Company ( Pvt Ltd. Company)(Service Receiver) have to pay 100% service tax to its legal advisors under Legal Consultancy Charge in Reverse charge Mechanism.
1.whether my company which is registered in ST1 as Management or Business Consultancy Services needs to do amendment in ST1 registration or not for this??
2.while filing ST3 can i claim cenvet credit of ST paid for RCM..
a.) again normal services and
b.) again RCM services
3.In ST3 Return filing where should i show of this legal consultancy charges??
Please reply on a urgent basis.
My Company ( Pvt Ltd. Company)(Service Receiver) have to pay 100% service tax to its legal advisors under Legal Consultancy Charge in Reverse charge Mechanism.
1.whether my company which is registered in ST1 as Management or Business Consultancy Services needs to do amendment in ST1 registration or not for this??
2.while filing ST3 can i claim cenvet credit of ST paid for RCM..
a.) again normal services and
b.) again RCM services
3.In ST3 Return filing where should i show of this legal consultancy charges??
Please reply on a urgent basis.
22 August 2013
Yes, addition other services(RCM)will have to be done in ACES.
You have to pay RCM service under separate challan
The same challan will be a document as cenvat invoice and can be used for availing the CENVAT benefit, if such input services are used for your output service.
Like management consultancy service, you have to select and show as service receiver.
You have to pay RCM service under separate challan
The same challan will be a document as cenvat invoice and can be used for availing the CENVAT benefit, if such input services are used for your output service.
Like management consultancy service, you have to select and show as service receiver.
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22 August 2013
There is no need to get amended or separate registration for RCM
If your company fulfills requirement of rule 2(f) of CCR 2004, then eligible to take credit of ST paid under RCM
If your company fulfills requirement of rule 2(f) of CCR 2004, then eligible to take credit of ST paid under RCM
22 August 2013
1)If the Assessee is liable to pay tax under Partial Reverse Charge as Receiver, he will have to select 'Yes' under A10.2 and A10.4 and select the percentage from A10.6.
2)For filling up any amount in these fields(B1.6 & B2.7),--------- A10.3/A10.4 should have been selected as 'Yes' and A10.6 should be enabled with the appropriate percentage, selected from the drop down list.
2)For filling up any amount in these fields(B1.6 & B2.7),--------- A10.3/A10.4 should have been selected as 'Yes' and A10.6 should be enabled with the appropriate percentage, selected from the drop down list.
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22 August 2013
@ Kumar Mukesh, Are you sure that amendment is not necessary?
Kindly go thro the article published in CA Club India, click the link.
https://www.caclubindia.com/articles/registration-and-payment-under-reverse-charge-concept-17323.asp
Kindly confirm your view after reading the article by CA Priyanka on 16.04.2013.
Kindly go thro the article published in CA Club India, click the link.
https://www.caclubindia.com/articles/registration-and-payment-under-reverse-charge-concept-17323.asp
Kindly confirm your view after reading the article by CA Priyanka on 16.04.2013.
22 August 2013
In my opinion it is mandatory to ammend service tax registration if we are in receipt of reversecharge services
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22 August 2013
Thanks Mr Ganesh Babu, Experts should not answer the query without referring the provisions of the Act. Such replies will confuse the readers as these replies are available in the net for life time. Many references are taken from caclubindia answers.
At least, mr kumar mukesh should have written as "In my opinion....
At least, mr kumar mukesh should have written as "In my opinion....
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22 August 2013
If Assessee is already being registered under Service Tax Taxonomy, Then its not required to be registered again by RCM.
However if not, The assessee has to registered under ST by RCM.
However if not, The assessee has to registered under ST by RCM.
22 August 2013
Ammendment required,,
Please refer to serial no.17/3 of whats new in aces website
Please refer to serial no.17/3 of whats new in aces website
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22 August 2013
1)Notification No. 01/2013-ST, dated 22-02-2013 has introduced the new Form ST-3 format for filing return for the period July 1 to Sept 30, 2012.
2)As per the general instructions given for filling the Form ST-3,
(i)“If there is a change in the address or any other information as provided by the assessee in Form ST-1 or as contained in Form ST-2, the assessee should file amendment application online in ACES for getting the amended ST-2.
(ii)If the assessee has provided / received any additional service for which he is not registered, he has to first file the amendment application through Form ST-1 and after the approval of the same by the departmental officer, he should file the return”.
Earlier, the above highlighted text was not included in the general instructions for filling the Form ST-3.
2)As per the general instructions given for filling the Form ST-3,
(i)“If there is a change in the address or any other information as provided by the assessee in Form ST-1 or as contained in Form ST-2, the assessee should file amendment application online in ACES for getting the amended ST-2.
(ii)If the assessee has provided / received any additional service for which he is not registered, he has to first file the amendment application through Form ST-1 and after the approval of the same by the departmental officer, he should file the return”.
Earlier, the above highlighted text was not included in the general instructions for filling the Form ST-3.
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28 August 2013
Thanks Experts Sir Rengaraj R K & Sir Ganeshbabu K..
Your Guidance Help me A lot..
Thanks for your Valuable Advice and Precious Time
Your Guidance Help me A lot..
Thanks for your Valuable Advice and Precious Time
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