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Odisha AAR Held that GST Under RCM is Not Pay on Receipt of Services

The Odisha Authority of Advance Ruling (AAR) held that GST below Reverse Charge Mechanism is not payable on receipt of services if it is not imported.

No GST on Receipt of Services if Not Imported Under RCM

The petitioner is the owner of Tokyo Electric Power Company who seeks the ruling as if he is needed to be enrolled below Odisha GST Act, 2017 as well as Central Goods and Services Tax Act, 2017 Get the brief introduction of SGST, IGST and CGST. We have mentioned their full forms, meanings and adjustments of input tax credit under GST in India for the consultancy services furnished to Odisha Power Transmission Corporation Limited (OPTCL).

The petitioner provides that it is not applicable to take registration as a usual assessee nor as a non-resident taxable person for the consultancy services provided to M/s OPTCL. It has attempted to make the supply which is built through the foreign company and is situated in Japan which is not the supplier concerning the providing consultancy service.

The two judges G.K. Pati and H.K.Mishra see that supply of consulting services via a substation Engineer/ expert of the petitioner to OPTCL is not, hence the import of service in the purpose of section 2 (11) of the IGST Act. AAR clears that the engineer or expert that associates with the petitioner must be handled as a supplier spotted in India and is made payable for GST.

Since the petitioner is entitled to GST payment Check out due dates of payment under GST for general and composition taxpayers in India. We have included penalty charges on late payment with interest AAR rules that he is needed to be enrolled below under Odisha Goods and Services Tax Act, 2017 and Central Goods and Services Act, 2017 so for the consultancy services furnished to Odisha Power Transmission Corporation Limited.

AAR states that the supply of services to OPTCL is not an import of their services under section 2 (11) of the IGST Act. on 28/6/2017 below the Notification No. 10/2017 Integrated Tax (Rate) the recipient is not entitled to pay GST upon reverse charge basis.

Disclaimer:- "All the information given is from credible and authentic resources and has been published after moderation. Any change in detail or information other than fact must be considered a human error. The blog we write is to provide updated information. You can raise any query on matters related to blog content. Also, note that we don’t provide any type of consultancy so we are sorry for being unable to reply to consultancy queries. Also, we do mention that our replies are solely on a practical basis and we advise you to cross verify with professional authorities for a fact check."

Published by Arpit Kulshrestha
Arpit Kulshrestha seeks higher interests in financial services, taxation, GST, I-T, etc. Writes articles with depth knowledge and is extensive for the same. The resources provide effective articles for the products of SAG infotech which provides taxation and IT software. Writing from observations and researching makes his articles virtuous. View more posts
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