Circular No. 86/05/2019- GST
F. No. 354/428/2018-TRU
Government of India
Ministry of Finance
Department of Revenue
Tax research Unit
****
Room No. 156, North Block,
New Delhi, the 1st January, 2018
To,
The Principal Chief Commissioners/ Chief Commissioners/ Principal
Commissioners/ Commissioner of Central Tax (All) /
The Principal Director Generals/ Director Generals (All)
Madam/Sir,
Subject: GST on Services of Business Facilitator (BF) or a Business Correspondent (BC) to Banking Company- reg.
Representations have been received seeking clarification on following two issues:
(i) What is the value to be adopted for the purpose of computing GST on services provided by BF/BC to a banking company?
(ii) What is the scope of services provided by BF/BC to a banking company with respect to accounts in its rural area branch that are eligible for existing GST exemption?
2. The matter has been examined. The issues involved are clarified as follows:
2.1 Issue 1: Clarification on value of services by BF/BC to a banking company: As per RBI’s Circular No. DBOD. No. BL.BC. 58/22.01.001/2005-2006 dated 25.01.2006 and subsequent instructions on the issue (referred to as ‘guidelines’ hereinafter), banks may pay reasonable commission/fee to the BC, the rate and quantum of which may be reviewed periodically. The agreement of banks with the BC specifically prohibits them from directly charging any fee to the customers for services rendered by them on behalf of the bank. On the other hand, banks (and not BCs) are permitted to collect reasonable service charges from the customers for such service in a transparent manner. The arrangements of banks with the Business Correspondents specify the requirement that the transactions are accounted for and reflected in the bank’s books by end of the day or the next working day, and all agreements/ contracts with the customer shall clearly specify that the bank is responsible to the customer for acts of omission and commission of the Business Facilitator/ Correspondent.
2.3 Hence, banking company is the service provider in the business facilitator model or the business correspondent model operated by a banking company as per RBI guidelines. The banking company is liable to pay GST on the entire value of service charge or fee charged to customers whether or not received via business facilitator or the business correspondent.
3. Issue 2: Clarification on the scope of services by BF/BC to a banking company with respect to accounts in rural areas: It has also been requested that the scope of exemption to services provided in relation to “accounts in its rural area branch” vide Sl. No. 39 of Notification No. 12/2017- Central Tax (Rate) dated 28.06.2017 be clarified. This clarification has been requested as the exemption from tax on services provided by BF/BC is dependent on the meaning of the expression “accounts in its rural area branch”.
3.1 It is clarified that for the purpose of availing exemption from GST under Sl. No. 39 of said notification, the conditions flowing from the language of the notification should be satisfied. These conditions are that the services provided by a BF/BC to a banking company in their respective individual capacities should fall under the Heading 9971 and that such services should be with respect to accounts in a branch located in the rural area of the banking company. The procedure for classification of branch of a bank as located in rural area and the services which can be provided by BF/BC, is governed by the RBI guidelines. Therefore, classification adopted by the bank in terms of RBI guidelines in this regard should be accepted.
4. Difficulty if any, in the implementation of this Circular may be brought to the notice of the Board.
Yours Faithfully,
(Harish Y N)
Technical Officer, TRU
Email: [email protected]
Tel: 011 2309 5547
If he pays forward charge basis also he will not get the input benefit as input benefit is always to the service provider in this case the provider as explained is the bank so the bank will get the benefit of input also RCM is always cash so no input on it can be availed .
If u pay forward and than claim too the input benefit remains with service provider that is bank . As you will claim the the same from bank in this case the bank will get input in same month in RCM it will get benefit next month that’s the difference .
The bank will never take a risk of not charging the gst on the service charge as if the agent BC/BF doesn’t pay it will be bank to pay the govt . So if you pay too you dont get input in it . Thus RCM is a better option of being away from the gst Hassel and time and money spent on the same is not fruitful .
Sir, I have a question with regard to RCM on BC.
Is it optional or compulsion by the BC to to pay taxes under RCM? I mean if an agent wants to pay taxes on forward charge basis, can he?
Bhavna, You have a valid point. I am also waiting for the answer!!