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Rcm on commission payment to foreign base ota

RCM 2813 views 2 replies

One of my friend running a hotel in India. He pay commission to Booking.com B.V located in Netherlands. Such company also have a has support company Booking.com support pvt Ltd in India. Commission bill is raised by foreign company to hotel without Service Tax, but we remit payment to NRO A/C of booking.com B.V with Standard Chartered Bank, Mumbai branch. Booking.comB.V also have  PAN no.

My question is 1  who is liable to pay GST. 2. Whether RCM is applicable even if foreign company have support office in India for any purpose. 3. Whether is services comes under intermediary service.

Thank you for your reply

 

Replies (2)

You have three questions here, so as per my interpretation following shall be the answers:

1. Your friend is liable to pay GST

2.RCM is applicable in case of Taxable services provided or agreed to be provided by any person who is located in a non-taxable territory and received by any person located in the taxable territory other than business assesse so yes RCM is still applicable here.

3.Intermediatery services were under Place of provision rules under Service tax, they are not under GST so please refer Time of supply concept.

 

For reasoning refere to this article:

/articles/reverse-charge-under-gst-30277.asp

 

DEAR SIR,

CAN RCM RAISE BELOW CASE 

FOREIGN CO PROVIDING COMMISSION (HOTEL ROOM BOOKING ) SERVICE  TO INDIA HOTEL SO RCM IS CREATE THEIR IF CREATE KINDLY SUGGEST THE RATE OF RCM 

 

THANKS,

YOGESH BHUSARE

9028034063


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