Page 12 - Ch3_RCM
P. 12

CCP 03.03.14.00
        State the person liable to pay GST in the following independent cases provided recipient is located in

        the taxable territory:-
        (a) Services supplied by a recovery agent to a car dealer.  [ Study Mat]
        (b) Security services (services provided by way of supply of security personnel) provided to a
            registered person.  [ Study Mat]

        (c)  Vivek  Goyal,  an  independent  director,  appointed  in  accordance  with  the  provisions  of  the
            Companies Act, 2013, of A2Z Pvt. Ltd., has received sitting fee amounting to ₹ 1 lakh from A2Z
            Pvt. Ltd for attending the Board meetings. Who is the person liable to pay tax in this case? [Study

            Mat]
        Answer:-
         a)  Legal Provision:-
             As per section 9(3) of CGST Act, if services are supplied by a recovery agent to a banking company
             or a financial institution or a non- banking financial company (NBFC) located in the taxable

             territory, then GST is payable on reverse charge basis by recipient.
             Discussion & Conclusion:-
             Ü In the given case, services are being supplied by a recovery agent to a car dealer & not to a banking
                company or financial institution or NBFC.

             Ü Thus, service provider i.e. the recovery agent is liable to pay GST under forward charge.
         b)  Legal Provision:-
             As per section 9(3) of CGST Act, if security services (services provided by way of supply of security
             personnel) are provided by any person other than a body corporate to a registered person located

             in the taxable territory, then GST is payable on reverse charge basis by recipient.
             Discussion & Conclusion:-
             Ü Therefore, in the given case, registered person receiving the services is liable to pay GST under
                reverse charge.

         c) Legal provision:
             Ü As per section 9(3) of CGST Act, if services are provided by director to the company located in
                taxable territory, then the company (recipient) is liable to pay tax under reverse charge

             Conclusion:
             Ü Therefore, in the given case, person liable to pay GST is the recipient of services, i.e., A2Z Pvt. Ltd.


         CCP 03.03.15.00
        In the following independent cases, decide, who is liable to pay GST, if any.

        You may assume that recipient is located in the taxable territory. Ignore the aggregate turnover and
        exemption available.
        (I) 'Veer Transport', a registered Goods Transport Agency (GTA) paying IGST @ 12%, transported
            goods by road of Dilip & Company, a sole proprietary firm (other than specified person) which is

            not registered under GST or any other Law.
        (ii)Mr. Kamal Jain, an unregistered famous author, received  20 lakh of consideration from PQR  ₹
            Publications Ltd. for supply of services by way of temporary transfer of a copyright covered under
            section 13(1)(a) of the Copyright Act, 1957 relating to original literary works of his new book.  [CA

            Inter Nov 20 Exam]



    40      CA VISHAL BHATTAD          09850850800            www.vsmartacademy.com          V’Smart Academy
   7   8   9   10   11   12   13   14   15   16   17