GST: Self Invoicing Under RCM- Is it required?

In GST, Section 9 of the CGST Act 2017– related to levy and collection, There are 2 types of charges under GST 

(1) Forward Charges 

(2) Reverse Charges :-  (a) under reverse charge, there are two type of payments i.e.  Taxable supplies provided by register person to register person (b) depend upon the nature of supplies and nature of suppliers

As per the GST Act, assesse has to maintain, accounts book and record which list is prescribed as per Act, included “ SELF INVOICE”copies.

Background regarding the SELF INVOICE, when govt introduced the law, section 9 (4) is inserted at earlier stage which is deemed at later stage  , the section related to pay RCM on purchases from unregistered dealer which value was more than Rs.5000/-, now this provisions has been substituted by the new section by Government.

Now points need to be considered is that, when as per holding the books and accounts upto  6 +1 years including the SELF INVOICE-  Is it really require to prepare self-invoice under RCM payment in all cases ? What is use of keeping / preparing of “SELF INVOICE” from assessment point of view? What is use of self-invoice from accounts point of view? What will be the impact after the invoice?

There is no proper answer we receive as on date.. Only!!! Just for compliance!!!

As per my understanding the purpose to inserted this clause was “when register dealer purchased material from unregistered person without tax invoice, in that case, government intended to highlighted the unregistered vendor and way out was to prepare “ SELF INVOICE” that’s all, no any other purpose could be apart from this.

If we think practically, will be notice that, when you are making payment for GTA, SECURITY CHARGES etc. which are register supplier and assesse is paying the payment under RCM for these services DOES NOT REQUIRE TO PREPARE “SELF INVOICE”.

Reason behind that,

(1) whenever taxable services under RCM like GTA, Security services is provided by register person, then he has to fulfil the compliance by uploading the sale of services data on portal, after his uploading, the same data reflects in 2A automatically under 3.1(d) in GSTR 3B, therefore how much RCM paid by taxable person is easily identified therefore my view is in this case- Does not require to compilation for self-invoice.

(2) Department has also easy way out at the time of assessment, to find out how much RCM paid on the basis on P&L heads and payment- therefore my view is in this case- Does not require to compute for self-invoice

(3) After preparation of “ SELF INVOICE” that is not uploaded anywhere- So no use

In short, service supplier are register dealer and issue invoice with its GSTn under RCM should not cover under SELF INVOICE, even if services taken by unregistered dealer like “Advocate fees, sponsorship fees etc…etc, “can prove that all these services under RCM and service recipient has to pay RCM even if he has not prepare “SELF INVOICE” all these expenses are identified from financials from register tax payers financials.

So we request to GST council and Government of India through you to rethink and issue suitable clarification and avoid unnecessary documents part to tax payer.