TMI BlogGST RCM ON SERVICE RECEIVED BY TRUST REGISTERED UNDER GSTX X X X Extracts X X X X X X X X Extracts X X X X ..... Trust is registered under the GST as certain activities are taxable. Now Trust receives legal service from advocate. whether this will be taxable service under RCM?? Question arouse in my mind because definition of business entity is not available in GST act, however definition of Business is available. However in notification 12/2017 Business entity definition is there which ultimately a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttract the definition of Business . on Analysis of definition of Business, it appears that Trust is also covered.. In Service tax there was specific definition was available of Business Entity, but in GST there is not. - Reply By Alkesh Jani - The Reply = Sir, First of all, the GST Act is supply and destination based, therefore it is necessary to come out of the old mind set of produc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion/manufacture based act. In GST apart from particular goods or services, particular category of person is also mentioned in the Act. In your case, Section 9(3) which clearly mentions of .. person liable for . The term person is defined in GST Act , and said Section clearly states of specified category of goods or services... and it is worth to note that in this clause instead of regi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stered person only person is mentioned, which includes Trust, which implies that tax is to be paid by person (registered or not) receives specified goods or services and in this clause even taxable supply is not used, which indicates that specified goods or services (whether taxable or not) liability to pay tax arises. In GST one need to keep in mind terms such as taxable supply, category of su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pply, consideration etc. while interpreting the statute. Of course, as per the decisions of the courts, statute shall be interpreted so as to harmonize with other statute and not to struck down. Therefore, I am of the view that Trust is liable to pay tax on RCM basis. Thanks - GST RCM ON SERVICE RECEIVED BY TRUST REGISTERED UNDER GST - Query Started By: - SUDHIRKUMAR SHAH Dated:- 23-12-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19 Goods and Services Tax - GST - Got 1 Reply - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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