Page 4 - CHAPTER 3 (1).cdr
P. 4

01. Basics                                                                    Example: Tax in respect of services of   Example: M/s Usha Ltd. trading co. is an
            CCP 03.01.01.00                                                                advocate availed by a business entity   unregistered supplier who sold cement to

           What does the payment of tax under reverse charge mean?                         is  payable  on  reverse  charge  basis.   M/s XYZ pvt ltd being a registered person
     CH 3  Answer - As per section 2(98)  of CGST Act, 2017, “reverse charge”  means the   Here the liability to pay GST shall be   and promoter.
                                                                                                                               Here  the  liability  to  pay  GST  shall  be
                                                                                           upon the Business entity.
           liability to pay tax by the recipient of supply of goods or services or both instead of
         Reverse Charge & ECO  or under sec 5(3) or sec 5(4) of the Integrated Goods and Services Tax Act.  Whether  Reverse  Charge  is  applicable  in  case  supply  is  exempted  or  non-
                                                                                                                               upon XYZ pvt ltd.
           the supplier of such goods or services or both under sec 9(3) or sec 9(4) of CGST Act
                                                                                           CCP 03.01.04.00
            CCP 03.01.02.00

           What are the different types of supplies which are liable to tax under reverse
                                                                                          taxable?
           charge mechanism?
           Answer - As per Section 9 of the CGST Act, 2017
                                                          there are two types of supplies
                                                                                          thereon and if there is no tax, there cannot be any tax under reverse charge. Reverse
           which are liable to tax under reverse charge mechanism which are:-             Answer:- No, If supply itself is exempt or non-taxable there cannot be any tax
                                                                                          charge calculates tax that would have been payable by the supplier, if there was no
           1. Specified categories of supply of goods or services or both as notified by government   reverse charge.
              on recommendation of the council as per sec 9(3).

           2. Supply of  a specified category of goods or services or both by a supplier, who   CCP 03.01.05.00
              is not registered, to a specified class of registered person as per sec 9(4) .  What is the effect of reverse charge on input tax credit?
                                                                                          Answer:- As regards the recipient who pays tax on reverse charge basis, tax so paid
                                                                                          would be available as credit subject to section 16 & 17.
            CCP 03.01.03.00                                                               As regards the supplier whose tax is paid by the recipient, value of such supply will be
           What is the difference between reverse charge u/s 9(3) and u/s 9(4)?
                                                                                          treated as 'exempt supply' of the Supplier & Supplier is not eligible for ITC u/s 17.
           Answer                                                                         For example: An Advocate has provided legal services to M/s Shreya pvt ltd worth `

                       Section 9(3)                          Section 9(4)                 1,00,000 & GST @ 18% i.e ` 18,000 is levied  on this service. The liability to discharge
             Applicable in case of supply of goods Applicable in case of supply of specified   the GST of ` 18,000 shall be upon M/s Shreya pvt ltd & the credit of tax so paid would
             or   services or both, notified by the category goods or services or both by an   be available as credit to M/s Shreya pvt ltd being the recipient.
             Government  on  recommendation  of unregistered  supplier  to  a  specified   For the supplier it shall be treated as an exempt supply & not eligible for ITC u/s 17.

             council                             cases of registered person
                                                                                           CCP 03.01.06.00
             Does not matter whether the supplier  Only where supplier is an unregistered
                                                                                          Is reverse charge applicable on payment of advance?
             is  registered or not               person
                                                                                          Answer:- Reverse charge is applicable when there is a supply,
                                                                                          For supply of goods under reverse charge as per sec 12(3) the time of supply is date
                                                                            www.vsmartacademy.com
        44    CA VISHAL BHATTAD          09850850800                                                                                           V’Smart Academy
                                                                                 CA Final GST Questioner
   1   2   3   4   5   6   7   8   9