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GST under RCM on stamp duty, Goods and Services Tax - GST

Issue Id: - 117739
Dated: 28-12-2021
By:- Kaustubh Karandikar
GST under RCM on stamp duty

  • Contents

XYZ (Proprietory Concern) has sold its entire business to PQR Pvt. Ltd. under slump sale of ongoing concern arrangement i.e., transfer of a whole of business concern as a going concern. For this purpose, Stamp Duty paid by PQR to Govt. of Maharashtra against ‘Business Transfer Agreement’. Is PQR required to pay GST under reverse charge on the stamp duty paid under the category ‘Services provided by Govt.’?

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Showing Replies 1 to 4 of 4 Records

1 Dated: 29-12-2021
By:- Shilpi Jain

It is in the nature of tax and not fee for services. No gst


2 Dated: 29-12-2021
By:- KASTURI SETHI

Dear Sir, Stamp duty is a tax. It is always borne by the buyer. It is liability of buyer. The supplier has nothing to do with this tax. Here service is exempt by virtue of notification (if the supplier conforms to the parameters). If service is exempt, no question of inclusion of stamp duty in the taxable value by the supplier. Hence no question of applicability of RCM. To cap it all, no GST on stamp duty from both aspects in this scenario.


3 Dated: 26-1-2022
By:- CAHemanth Kumar

Dear Sir,

We can say there is no supply made by dept and what we paid is a tax, not a consideration.

Even if dept says it is a supply, it is exempt from GST as per S.No 47 of 12/2017 CT

Services provided by the Central Government, State Government, Union territory or local authority by way of-

(a) registration required under any law for the time being in force;

(b) testing, calibration, safety check or certification relating to protection or safety of workers, consumers or public at large, including fire license, required under any law for the time being in force.


4 Dated: 27-1-2022
By:- KASTURI SETHI

I concur with the views of Sh. CAHemanth Kumar Ji.


1

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