"Do the Right Thing...!!!"
128116 Points
Joined January 2015
Sir,
No, RCM is not required to be paid on commission paid to unregistered person. There are two provisions which provide for RCM under GST namely, Sec. 9(3) & Sec. 9(4).
Sec 9(3) provides for RCM on notified goods or services. As such, Notification No. 4/2017 CT-R and No. 13/2017 CT-R respectively provides for the goods and services on which RCM is applicable. The service provided by agent to principle for getting customers is not included in the said Notification. (although Insurance agent, recovery agent, Business Facilitator & Business Correspondent etc are included).
Section 9(4) provided for RCM on supply received from unregistered person. However RCM was absolutely exempted with effect from 13-10-2017 vide Notification 8/2017 amended by 13/2017. Later Section 9(4) itself has been amended with effect from 1-2-2019 by CGST ( Amendment) Act, 2018. Currently, Sec 9(4) applies only to Real estate promoters