Reverse charge mechanism

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This query is : Resolved

Kiran (Querist)

02 May 2015 In RCM service receipient has to pay 50% liability of ST. But if he pays more than 50% of total liability can service provider pay the balance amount or he should pay total remaining 50%

CA. C V SURYAM

CA. C V SURYAM (Expert)

02 May 2015 Hi Kiran,
Your query is on WCS, I believe. Whatever it may be, there is no adjustment of tax paid by one person to another person's tax liability. So, each shall pay their respective share of tax liability undoubtedly. Any such excess tax paid by mistake, can be adjusted against tax liability against the tax liability of immediately succeeding month/quarter, as the case may be. Thanks. CA. C V SURYAM

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Kiran

Kiran (Querist)

02 May 2015 But Sir with due respect to your opinion is it not double taxation on the same receipt.

Sagar mal Pareek

Sagar mal Pareek (Expert)

03 May 2015 There is no scope for equity in law. As such there is no revenue implication in the case you say,but when the law fixes some revenue responsibility on tax payers,they must act accordingly only.the Department may or may not accept yr argument.tks n rgds sagar mal pareek 9824346469,smpfca@gmail.com

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