Between branches of the company ,supply made ,but no payments are made
T.N.Reddy (M.Com) (255 Points)
15 August 2018T.N.Reddy (M.Com) (255 Points)
15 August 2018
Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 15 August 2018
Anirban Sinha
(CA in service)
(727 Points)
Replied 16 August 2018
Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 16 August 2018
Anirban Sinha
(CA in service)
(727 Points)
Replied 16 August 2018
Yes, but along with reverse charge there also an exception that is activies mentioned in Schedule I and branch transfer is included in Schedule I
Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 16 August 2018
Anirban Sinha
(CA in service)
(727 Points)
Replied 17 August 2018
Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 17 August 2018
Anirban Sinha
(CA in service)
(727 Points)
Replied 20 August 2018
In Schedule I in point no 2 there is payment between distinct person and related person without consideration i.e deemed supply without payment. The transaction between branch and office is a transaction between related person therefore no requirement of payment within 180 days. Given in exception in sec 16 i.e RCM and deemed supply without consideration.
Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 20 August 2018
dear anirban ji
schedule I SAYS ONLY ABOUT THE SUPPLY, EVEN IF MADE WITHOUT CONSIDERATION , THAT DOES'NT MEAN THAT THE IF PAYMENT IS NOT MADE TO SUPPLIER WITHIN 180 DAYS , THE ITC WILL NOT BE REVERSE.
MOREOVER WITHOUT CONSIDERATION ON SUPPLY OF SERVICE OR GOODS IS MENTION FOR BOTH RELATED & DISTINCT PERSON SO THAT MEANS NO NEED REVERSE THE ITC IN CASE OF DISTINCT PERSON
REVERSAL OF ITC IS GIVEN IN SECTION 16 CGST ACT ONLY
Anirban Sinha
(CA in service)
(727 Points)
Replied 21 August 2018
Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 21 August 2018
Anirban Sinha
(CA in service)
(727 Points)
Replied 21 August 2018
Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 21 August 2018
CORRECT !! YOU WOULD HAVE MENTION SAME EARLIER.............. ANYWAY THANKS