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Rcm 9(4)

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10 October 2018 Dear Sir,
We have by mistake deposited GST under RCM on rent paid to an unregister dealer after 12th oct' 2017 i.e. after RCM 9(4) postponded and accordingly booked ITC after making payment .
One of the Expert advised me to reverse the ITC taken in the above case but my view is that I have taken ITC after making payment under RCM . I have not taken extra ITC .

Pls advise...................

10 October 2018 You are right, you have taken ITC after making payment under RCM. No need of reversal.

11 October 2018 Thanks Sir . Sir I have one more querry . We are a Private limited company and we have two units one is HO and other is Branch within the same state . The electricity and salary expenses of both the units are paid by one unit called HO . Would cross charging be arised in this case ?? My opinion is that since the company is same , PAN is same , cross charge would not arise in this case . If HO unit will raise TAX invoice for this , Branch unit will take its ITC . I dont think there is any loss of tax to govt.

Pls clarify




11 October 2018 Cross charging will not arise as both HO and branch is in the same state. Tax invoice not applicable.

11 October 2018 Sorry Sir I forgot to mention in my querry that both the units have seprate registration since business verticals are different . HO manufactures Cake and Branch manufactures Cartoon and Wrapper for Cake division

11 October 2018 Electricity and salary is exempt from GST no cross charging will arise.

12 October 2018 Sir , the expert is of the opinion that although these are exempt in GST but by paying salary and electricity on behalf of brench , Ho is providing business support service and that business support service is taxable

12 October 2018 GST not applicable on such pure agent reimbursement.






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