CA Final Student
137 Points
Joined July 2012
Kunal,
RCM shall be applicable only if your client is a body corporate. If not a body corporate, then normal provisions shall apply and service tax should be paid by provider only.
If RCM is applicable, then service provider will charge only 25% of service tax in his invoice, the remaining 75% is the liability is of your client (service receiver) which shall be paid by him independently. (invoice value = Service charges + 25% * 12.36% * service charges)
This implies that service receiver will compulsorily have to pay the balance 75% of service tax, irrespective of whether SP is paying service tax or not.