What is RCM

RCM 302 views 13 replies
what is RCM & what will be the effect of it on indirect expenses like printing & stationary, repair & maintenance , office expense & tea expense.
Also, is the RCM on the basis of per day expense or goods and service of Rs. 5000 ?
Replies (13)
yes rcm is applicable on such exp.
yes
my daily exp. 7000
trnsport ( mini tempo) 5 tempo each tempo 1000 each = 5000
& tea expense. 300
stationery 450
labour local 600
well. in your case reverse charge will not be levied as transportation by road is exempt....unless such service is provided by gta....I am assuming in your case you have hired directly transporter.....also labour charge is not a service...hence only 750 rs are which fall under rcm category,...since it is below 5000,no rcm will apply
I agreed to Mr CA Akhilesh Kumar Kandpal Sir...
But, Small change in his reply. Labour charges is service received from URD it's also taxable.....
But, Above said situation it's not taxable......
Am I right Sir....?!
but labour charges cannot be taxed under gst unless the labour is acquired through a labour contractor (I assumed that labour is acquired directly as the amount is so small that it is implied).....there is an employee -employer relationship which is neither service nor good.....

Employer and Employee means Wages and Salary and it's related.

Labour works not under above said E&E. So, It's under RCM if the value is higher...

what is the difference between labour charges and wages...?? it is same as difference between wages and salary.......only the nomenclature is different....when we employ labour for a certain continuous period we call the payment as wages and if employ for any one time work, it is called labour charges.......however if he is telling any professional or technical work expenditure as labour charges, then it is a different matter (for example payment made to any electrician or plumber for fitting etc....in that case it will be taxable).....

If I am wrong than please tell be the SAC code under which you will include general labour charges.....

Sir.,

How to I explain it to you. Bcoz, Your are the experienced person also you deal many more cases. So, I don't have any other words...

But, You can analize this one. What is the difference between Wages and Labour services in a company...?

Bcoz.,

The answer is already your reply....

(when we employ labour for a certain continuous period we call the payment as wages and if employ for any one time work, it is called labour charges)

Small definition in my view:

Employee (Salary/Wgaes): They will come and work in Office/Company 8.00 to 5.00 or 9.00 to 6.00 or any particular times. They ll be come and also calculate salary/wages for the day. If can give the works details as per work sheet or his actually works... They get monthly payment as Standard per day*Rs= month or Fixed salary/wages

But, the labour servicer ll be work his exactly works and also he give the measurments and get payments as per works done. He come single day or weeks or month. Also he come after the months. So, he is not a company's employee.....

Then it ll be can't treated as employer and employee realationship

who is experienced does not matter....i can be wrong and so you can be......i am just asking the reason of distinguising between temporary labour and permanent labour, when law does not do the same.....

you are limiting the defination of emloyee to regular employment.....there is no criteria given in the act itslef to decide whether a person is employee or not....so we have to move toward other acts......you took any labour related law (eg, esi act, epf act etc) and read the definition of employee......nowhere there is any distinction between temporary and permanent labour......to know whether a person is employee or not,continuity of employment is not a criteria, otherwise daily wage worker will be denied the minimum wages benefits.....there are many criteria for decide whether the person is employee or not - 

*Right to control

*Nature of work performed

*Right to hire and fire

*Method of Payment

*Who provides equipments and all......

There is no case law in that matter in my knowledge, if you know then please tell us.......There are fine scope of difference of opinion in this case in the absense of any speciic definition.....but i will always suggest my client the course which is more beneficial to him in case of ambiguity but with disclaimer.

 

Yes. I accept your opinion for experience and suggest to clients.....
But,
The Labour and wages is different. Labour work not to employer and employee relationship. No more benefits get the labour (single day / temperory)....
The employee (wages) works in one form. But, the Labour as temporary / any other can work one or more company. One day one company another day other one, also he ll be work anyway to 1 company or 10 company......
it seems either I am not able to understand your logic or you are not able to understand mine..... I can just say let's agree to disagree...


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