Sir, a taxpayer engaged in supplies of service some of which are taxable under forward change but some are taxable under RCM where tax to be paid by recipients.
sir I want to know that the amount of supplies made on which tax to be paid by the recipients under RCM , is he liable to reverse the ITC under Section 17 read with Rule 42.
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In thiis scenario, no reversal of ITC is required against the tax paid under RCM.
With reference to my reply at serial no.1 dated 16.4.22, please read as under:-
"Reversal is required."
For the provider of service, it is exempt supply.
Under RCM, service recipient is deemed service provider. Service Provider is actual service provider. Turnover is always accounted towards the Service Provider's turnover. In this scenario, Service Provider (supplier) has not paid tax on his/her turnover (output value). Hence proportionate reversal of ITC is justified.
I agree with views of Shri Kasturi Sethi Ji!
no tax on outward supply , no input tax credit allowed.
ITC is required to be reversed as per Section 17(3) read with Rule 42/43
Reversal under Section 17 read with rule 42 is required only if exempted outward supply is made by tax payer . Otherwise not
Under RCM, outward supply is exempt for the supplier/provider of service.