This discussion clarifies the applicability of Reverse Charge Mechanism (RCM) on services like hiring buses for staff tours and cars for travel. It explains that RCM applies when a body corporate receives motor vehicle renting services from a non-body corporate supplier, unless specific GST rates are charged. Additionally, it covers the applicability of TDS under Section 194C, with limits based on aggregate payments or single bill amounts, and details the eligibility for claiming Input Tax Credit (ITC) on these expenses.
18 May 2022
Yes, TDS will be applicable if the aggregate of all bills/payment exceed Rs. 1,00,000 during the year or single bill amount exceeds Rs. 30,000
19 May 2022
With reference to the Notification No. 22/2019- Central Tax (Rate) dated 30/09/2019
If the recipient being a body corporate located in the taxable territory receives the services of renting of motor vehicle from any person other than a body corporate who is paying GST @ 2.5% CGST & SGST each, the recipient has to pay GST under RCM.
> If the person who provides the services is a body corporate - No RCM > If the person who provides the services is not a body corporate - RCM is applicable > If the person who provides the services is not a body corporate and charges GST @ 6% or more CGST & SGST each - No RCM > If the person who receives the services is a body corporate - RCM is applicable > If the person who receives the services is not a body corporate - No RCM
Yes, TDS is also applicable as per the limits as prescribed in the Income Tax act.