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03. Services by Advocate                                                         receiving the consideration in the form of sponsorship fee of ` 50,00,000 from
            CCP 03.03.11.00                                                                 Manini Private Limited, against the provision of sponsorship service.
           Vakil & Vakil, a firm of lawyers rendered legal advice to B & Co., an architect, and   Since the recipient of sponsorship services- Manini Private Limited is a body
           MNO Ltd, an advertising agency during October, 20XX. Both B & Co. and MNO        corporate, the tax on said services is payable by the recipient -Manini Private
     CH 3
           Ltd. are not entitled for threshold exemption in the said financial year. Who is   Limited, under reverse charge.
         Reverse Charge & ECO  Will your answer be different if B & Co. and MNO Ltd. sought legal advice from   Darpan Singhania is a director in Narayan Limited. The company paid him the
           liable to pay GST in this case?


                                                                                              05. Services by director of company
           Mr. A, a lawyer?
                                                                                             CCP 03.05.13.00
           Answer:-
                                                 read with relevant notification  In case of ,
           1) As per section 9(3) of CGST Act, 2017
              services supplied by an individual advocate including a senior advocate by way of
              legal services, to a business entity. The liability to pay GST shall be upon the
                                                                                            was paid to Darpan Singhania amounting to ` 1.5 lakh for the month of January
              recipient.                                                                    sitting fee amounting to ` 25,000, for the month of January. Further, salary
                                                                                            on which TDS was also deducted as per applicable provisions under Income-tax
                     In  the  given  case,  as  the  services  are  provided  by  firm  of  lawyers   law.
              Vakil&Vakil to MNO ltd and B & Co. a business entity thus the liability to pay GST      Tapasya  &  Associates,  in  which  Darpan  Singhania  is  a  partner,

              shall be upon MNO ltd and B & Co.                                             supplied certain professional services to Narayan Limited in the month of
           2) The answer will not change even in case where B & Co. and MNO ltd seek legal   January for an amount of ` 2 lakh. Discuss the person liable to pay tax in each
              advice from an individual lawyer.                                             of the supplies involved in the given case. [ICAI Material]
                                                                                            Answer: Sitting fee paid to director – As per reverse charge notification, tax on
            04. Sponsorship services                                                        services supplied by a director of a company/ body corporate to the said company/
            CCP 03.04.12.00                                                                 body corporate, located in the taxable territory, is payable under reverse charge.

           Manini Private Limited agrees to sponsor a sports event organized by Pink City   Hence, in the present case, the sitting fee amounting to ` 25,000, payable to
           Club in Jaipur. Manini Private Limited has paid an amount of ` 50,00,000 for such   Darpan  Singhania by Narayan Limited, is liable to GST under reverse charge and
           sponsorship of the sports event. Consequently, said event was named after the    thus, recipient of service - Narayan Limited – is liable to pay GST on the same.
           brand name of Manini Private Limited. Examine who is the person liable to pay    Salary paid to director - As per Circular No.140/10/2020 GST dated 10.06.2020,
           tax in the given case. [ICAI Material]                                           the  part of director's remuneration which is declared as salary in the books of a
           Answer: Section 9(3)  provides that sponsorship services provided by any person to a   company and subjected to TDS under section 192 of the Income-tax Act, are not
           body corporate or partnership firm located in the taxable territory, shall be liable to   taxable being consideration for services by an employee to the employer in the

           GST under reverse charge in the hands of recipient.                              course of or in relation to his employment in terms of Schedule III.
           In the present case, Pink City Club is the supplier of sponsorship services which is   Therefore, in the given case, the salary received by Darpan Singhania of ` 1.5 lakh is
                                                                                            not liable to GST.
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        48    CA VISHAL BHATTAD          09850850800                                                                                           V’Smart Academy
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