Question 33: A C.A. firm
registered person in Delhi audited in U.P. charged :-
(A) Professional fee
(B) Travelling Exp. reimbushment
(C) Reimburshment of boarding charges actual or on daily allowance basis
(D) Loading charges (Hotel exp. on actual)
please confirm whether IGST to be charged in B/C/D above.
2. A C.A. firm registered person Delhi gets a bill from another C.A. firm (unregisered
person)
Does registered person has to pay GST under RCM
Answer 1. The expenses done by Chartered Accountant are incidental for
providing of service and it should be added in the bill of Chartered Accountant
as per Section- 15 of CGST Act. It should not be confused with Rule 33, where
the expense as pure agent are not to be included in the value. Relevant portion
of Rule 33 is as follows:
the expenditure or costs incurred by a supplier as a pure agent of the recipient
of supply shall be excluded from the value of supply, if all the following
conditions are satisfied, namely,-
(i) the supplier acts as a pure agent of the recipient of the supply, when he
makes the payment to the third party on authorisation by such recipient;
(ii) the payment made by the pure agent on behalf of the recipient of supply has
been separately indicated in the invoice issued by the pure agent to the
recipient of service; and
(iii) the supplies procured by the pure agent from the third party as a pure
agent of the recipient of supply are in addition to the services he supplies on
his own account.
In present case the expenses will be booked in the accounts of the CA.
You can take example of ROC fees. The ROC fees if paid by CA is covered under
category of expenses as pure agent, then the same will not be included in the
value of supply.
2. The same is covered under Reverse Charge Mechanism as per section 9(4) of
CGST Act but Vide Notification No. 38/2017-Central Tax (Rate) amended by
Notification No. 10/2018-Central Tax (Rate) ,Dt.23-03-2018, the exemption
relating to reverse charge on supplies from unregistered person u/s 9(4) is
extended till 30.06.2018. (reply dt. 05/20/2018)