Applicability of reverse charge mechanism of service tax
This query is : Resolved
22 February 2014
As we know services provided by a Non-executive Director to the Company is covered under Reverse-charge Mechanism & the company has to pay Service tax on it.
Query:- A Chartered Accountant is providing services as a Non-executive Director in a company.
In this case whether the CA, acting as a professional have to pay Service tax.
Or The Company has to pay Service tax on the service received by it as Director Service, under reverse charge mechanism.
As we know services provided by a Non-executive Director to the Company is covered under Reverse-charge Mechanism & the company has to pay Service tax on it.
Query:- A Chartered Accountant is providing services as a Non-executive Director in a company.
In this case whether the CA, acting as a professional have to pay Service tax.
Or The Company has to pay Service tax on the service received by it as Director Service, under reverse charge mechanism.
22 February 2014
yes even in such cases reverse charge shall apply....
Message likes :
1 times
24 February 2014
Thank U Nikhil Sir.
But in this case The CA(i.e, Director) is not an employee of the company. Than can he also issue a professional invoice by charging service tax thereon.
But in this case The CA(i.e, Director) is not an employee of the company. Than can he also issue a professional invoice by charging service tax thereon.
24 February 2014
Dear Rajesh,
The directors except for executive directors are never the employee of the company and the reverse charge mechanism is applied on such directors only. If the Chartered Accountant, the company can use Mumbai CESTAT judgment in the case of Umasons Auto Compo Pvt. Ltd. Vs. Commissioner of Central Excise & Customs, Aurangabad Citation: 2014 - TIOL - 126 - CESTAT - MUM to avoid any tax liability under RCM.
however, I would still suggest that you follow RCM model only
The directors except for executive directors are never the employee of the company and the reverse charge mechanism is applied on such directors only. If the Chartered Accountant, the company can use Mumbai CESTAT judgment in the case of Umasons Auto Compo Pvt. Ltd. Vs. Commissioner of Central Excise & Customs, Aurangabad Citation: 2014 - TIOL - 126 - CESTAT - MUM to avoid any tax liability under RCM.
however, I would still suggest that you follow RCM model only
25 February 2014
I beg to defer. RCM will apply only with respect to any services provided by the director in his capacity as a director. in such cases the bill will reflect the same. On the other hand if the director is providing any service in his professional capacity as a CA and raises the bill as a CA, then no RCM should not be applied.
26 February 2014
Saju, I totally agree friend. But the query is that CA is providing services as a non-executive director. the query doesn't mention "in addition to being a non-executive director." that you need to consider.
Where he is providing any service which is in addition to his directorship, definitely as you said RCM wont apply.
So though you do disagree, but on a ground which is not relevant to the query
Where he is providing any service which is in addition to his directorship, definitely as you said RCM wont apply.
So though you do disagree, but on a ground which is not relevant to the query
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Inventory of finished goods
- Clarification on Documentation of Paid-Up Capital Contribution by Directors
- Tds on building rent monthly
- Applicability of Ind As to associate of associate
- REGARDING 25 AS DATE OF PAYMENT AND DATE OF BOOKING
- Disallowance of Section 43B(h) to sez units
- Sale of property furniture sale
- RCM INVOICING FROM NOV-2024
- Confusion around Form 26QB fields
- GST Regis.
- LAST YEAR 2022-23 ITC IN NEXT YEAR 2023-24 REPORITNG IN GSTR-9
- MIS MATCH OF INVOICE NUMBER
- IGST Credit-Show cause notice issued-confusion
- Issue of gst e invoice
- How to adjusted advances given or receipt
- Foreign vendor without PAN unable to to register due to non receipt of OTP on foreign number ?
- 133(6) DIN INVALID format error - ->WHERE TO REPLY 133(6) notice?
- Query for dubts
- Regarding einvoice taken on nil rated sales
- Strategical investment in Public listed company
Trending Online Classes
CAclubindia
