Total bill amount of an advocate is Rs 8500 /-. Amount paid to the advocate is Rs 7650/- after deducting 10 % TDS.
RCM to be charged on Rs 8500/- or Rs 7650/-.
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Quick Summary
This discussion clarifies how to charge Reverse Charge Mechanism (RCM) on advocate fees. It explains that RCM should be calculated on the total bill amount (Rs 8500/-) as per Section 15(1) of the CGST Act, which defines 'transaction value' as the basis for GST. This value includes any taxes, such as TDS, charged under law, as per Section 15(2)(a).
RCM to be charged on the Transaction Value i.e. Rs. 8,500/-
Point 1 : As per the Provision of Section 15(1) of the CGST Act 2017, GST is levied on the "TRANSACTION VALUE."
Point 2 : As per the Provision of Section 15(2) clause (a) of the CGST Act 2017, Transaction Value includes any taxes, cess, duties etc which are charged under any law for the time being in force. Thus TCS, TDS, Basic Customs Duty, etc needs to be included in the Transaction Value.