RCM Applicability
This query is : Resolved
21 November 2020
Hi,
Our Company wants to reimburse legal fees(Advocate bills) to one of the directors incurred by him on personal capacity under a dispute, can someone suggest whether this will attract RCM under GST for the following two Case -
1 . Bill is in the name of the Director and submitted to the Company for reimbursement.
2. No Bill is submitted and claimed as settlement amount from the company.
Also, whether point no 2 will attract any TDS provision on Director since he is not submitting any bill.
Thanks
Our Company wants to reimburse legal fees(Advocate bills) to one of the directors incurred by him on personal capacity under a dispute, can someone suggest whether this will attract RCM under GST for the following two Case -
1 . Bill is in the name of the Director and submitted to the Company for reimbursement.
2. No Bill is submitted and claimed as settlement amount from the company.
Also, whether point no 2 will attract any TDS provision on Director since he is not submitting any bill.
Thanks
Lekhraj sood
(Expert)
22 November 2020
In my view, in both the cases , RCM is applicable because the advocate fees is finally borne by the company. The substance will prevail over form.
It is advisable to deduct TDS also to avoid any issue later on. Here also indirectly the fee is paid to advocate and born by the company.
It is advisable to deduct TDS also to avoid any issue later on. Here also indirectly the fee is paid to advocate and born by the company.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Opting out" of regime provided under subsection (1A) of Section 115BAC but Form 10IEA is not filed.
- "Please ensure that the Total of the Deductions u/s 54F match the same in Table D in Sch CG"
- Need to correct "Whether it is last installment " response in Form 26 QB
- " Income from House Property " in joint names of co-owners
- REGARDING TDS RETURN OF FORM 27Q
- Notice under e-Verification Scheme
- GST demand notice for ITC reversal against exempted supply.
- RCM ON SECURITY CHARGES FROM INDIVIDUALS
- How to get money back from delisted company
- ITC not to be taken in accounts & GSTR-3B
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
