RCM applicable for Service by Individual Direct Selling Agents (DSAs) to Banks / NBFCs [Read Notification]

Service Tax - RCM - payable - Proprietary - factories - CESTAT - taxscan

The Central Board of Indirect Taxes and Customs ( CBIC ) has notified that the services supplied by individual Direct Selling Agents (DSAs) to banks/ non-banking financial company (NBFCs) are taxable under Reverse Charge Mechanism ( RCM ).

The 28th meeting of the GST Council on last Saturday has recommended the Government to place liability to pay GST on services provided by individual DSAs to banks/NBFCs under reverse charge on the buying banks/NBFCs. However, services by non-individual NBFCs (corporate, partnership firms) to banks/NBFCs would continue under forward charge, as at present.

A banking company or a non-banking financial company must be located in the taxable territory.

For the purpose of the notification, the term “renting of immovable property” means allowing, permitting or granting access, entry, occupation, use or any such facility, wholly or partly, in an immovable property, with or without the transfer of possession or control of the said immovable property and includes letting, leasing, licensing or other similar arrangements in respect of immovable property.

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