Reverse charge mechanism

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Querist : Anonymous (Querist)

15 October 2012 Reverse charge mechanism is applicable on which services?

CA Kishore Tallam

CA Kishore Tallam (Expert)
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15 October 2012 (A) (i) provided or agreed to be provided by an insurance agent to any person carrying on the insurance business;
(ii) provided or agreed to be provided by a goods transport agency in respect
of transportation of goods by road, where the person liable to pay freight is,—
(a) any factory registered under or governed by the Factories Act,
1948 (63 of 1948);
(b) any society registered under the Societies Registration Act,
1860 (21 of 1860) or under any other law for the time being in force in any part of India;
(c) any co-operative society established by or under any law;
(d) any dealer of excisable goods, who is registered under the Central Excise Act, 1944 (1 of 1944) or the rules made thereunder;
(e) any body corporate established, by or under any law; or
(f) any partnership firm whether registered or not under any law
including association of persons;
(iii) provided or agreed to be provided by way of sponsorship to anybody
corporate or partnership firm located in the taxable territory;
(iv) provided or agreed to be provided by,-
(A) an arbitral tribunal, or
(B) an individual advocate or a firm of advocates by way of support
services, or
(C) Government or local authority by way of support services
excluding,-
(1) renting of immovable property, and
(2) services specified in sub-clauses (i), (ii) and (iii) of clause (a) of
section 66D of the Finance Act,1994,
to any business entity located in the taxable territory;
(v) provided or agreed to be provided by way of renting of a motor vehicle
designed to carry passengers to any person who is not in the similar line of
business or supply of manpower for any purpose or service portion in
execution of works contract by any individual, Hindu Undivided Family
or partnership firm, whether registered or not, including association of
persons, located in the taxable territory to a business entity registered as
body corporate, located in the taxable territory;
(B) provided or agreed to be provided by any person which is located in a
non-taxable territory and received by any person located in the taxable
territory;
There is a table for % liability on service provider and service receiver.