Could anyone clarify whether the service receiver can claim ITC on RCM paid @ 5% by him.
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Quick Summary
This discussion clarifies whether a service receiver can claim Input Tax Credit (ITC) on Reverse Charge Mechanism (RCM) paid on freight. While some notifications suggest no ITC is claimable when tax is paid at 5% under RCM, the consensus is that ITC can indeed be claimed. The key is to claim ITC against the RCM invoice raised by the service receiver, not against the original service provider's invoice as it appears in GSTR 2A.
But the notification states that no ITC can be claimed when tax is paid @ 5%. Also when the 2A is generated for the whole year in GSTR 9, those invoices which attract RCM the 2A summary shows that ITC cannot be claimed. So could you clarify this.
Please read that notification from the view point of service provider and not as a service receiver paying RCM.
you have to raise invoice ie RCM invoice while paying gst under reverse charge. ITC is required to be claimed against that RCM invoice and not against the Invoice of service provider as shown in GSTR 2A.
hope this is clear to you.
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