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Issue ID: 5570
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Reverse Charge Mechanism

Date 15 Apr 2013
Replies 1 Reply
Views 1488 Views
Reverse charge mechanism may apply to maintenance service payments to individual vendors; consult the governing notification for applicability.
Query whether monthly building, office or common area maintenance charges paid to individual or association-of-person vendors without tax charged attract reverse charge liability under service tax law, or whether they fall within works contract; respondent advises consulting the applicable notification governing reverse charge treatment. (AI Summary)

Sir, we (Body corporate) receive monthly maintenance charges bills(Fixed) from our vendors (Individuals, AOP) towards our offices on lease. The descriptions on the bills mentions as "Montly Building Maint. charges", "Monthly office maint. charges" and "Common Area maintenance charges" etc. They are not charging any tax on the amount. I have doubt, are these types of bills covered under RCM or not under category works contract.? Please suggest.

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Replied on Apr 15, 2013
1.

Please check the Notification No. 30/2012-ST in this regard.

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