Reverse Charge

[Kaustubh Karandikar]

XYZ(Proprietor) is registered with GST for the Security Services provided to PQR (Pvt. Ltd. Company) registered with GST. XYZ is charging GST on which PQR is taking credit. Is this correct or XYZ cannot charge GST and PQR need to pay GST under reverse charge and then take input tax credit on it?

[Sunil Dandekar]

As per Entry No.14 inserted in the Table given in Notification No.13/2017-Central Tax (Rate) Tax is payable under Reverse Charge for the -

Security services (services provided by way of supply of security personnel) provided by Any person other than a body corporate to a registered person located in the taxable territory.

As in the instant case the supplier of security services is not a body corporate, the registered person viz. PQR required to pay tax under Reverse Charge and XYZ will not be charging the GST.

[Ganeshan Kalyani]

The supplier of service where the recipient of the service is liable to pay GST under reverse charge, the suplier of service is exempted from GST registration. In such case the supplier of such service can surrender his number. Or if he want to continue with the number then compliances has to be done like filing of GSTR 3B, GSTR-1.

[KASTURI SETHI]

Since Security Service has been brought under RCM vide Notification No.29/18-CT(Rate) dated 31.12.18 amending notification no.13/17-CT(Rate) dated 28.6.17, XYZ cannot charge GST from service receiver ( body corporate) on his own volition. XYZ and PQR (body corporate) both cannot execute such agreement/contract which is in violation of letter and spirit of GST Act. GST Act will prevail over Contract Act. Service Receiver, being body corporate is bound to pay GST.

[Mahadev R]

I would concur with Kasthuri Sir

AI Summary

Reverse charge on security services requires the registered recipient to pay GST and may claim input tax credit. Supply of security personnel services by a non body corporate to a registered person is subject to the reverse charge mechanism, making the registered recipient liable to pay GST and eligible to claim input tax credit; the supplier cannot charge GST to the recipient and may be exempt from registration or must comply with registration and return obligations if it remains registered.