QUESTION
Where can we shown the
Services covered under RCM such as Advocate/ GTA operator in GSTR-1 and GSTR-3B,
If the taxpayer took registration due to crossing his threshold limit or
provided other taxable services
ANSWER
We understood your question as
follows:
The service is covered under RCM but the supplier of the service has deposited
tax himself now the question is whether to pay tax on RCM basis or not.
Reply: Even if some services are covered under RCM but if supplier is
charging tax on the services provided by him on forward charge basis, then in
that case the receiver is not liable to recharge it again.
The same decision is given by Mumbai Tribunal in case of UMASONS AUTO COMPO PVT.
LTD. Versus Commr.Ofc. Ex. &cus.,Aurangabad. [2013(11)LCX0149]
However if your question is related to Returns i.e. in which column Services
covered under RCM are to be shown:
Then if tax is paid by recipient on RCM basis, then Supplier will show the
services covered under RCM in GSTR-1 column 4B, and the recipient will show the
same in GSTR-3B column 3.1(d).
If tax is paid by supplier of service on forward charge basis then supplier will
show the same in Column 4A of GSTR-1 and 3.1(a) of GSTR-3B.
If we have wrongly understood your question then please clarify. (Reply dt.
08/04/2021)