In light of the recent notifications, Act amendments, It is highly advisable to plunge into the changes and understand their implications on our business therefore there are various palaces on few major changes that GST has undergone, and the impact it could have on the GST returns in the year 2019.

(a) RCM on Security Personnel services

(b) RCM on purchases from unregistered persons

(c) Amendment in manner of utilization of ITC

(d) Amendment in definition of Supply

(e) Amendment in ITC Reversal

(f) Other important Miscellaneous amendments

Reverse Charge Mechanism applicability on security services:

In terms of Notification no.29/2018- Central Tax (Rate) has been issued to include the security personnel services under the ambit of Reverse Charge Mechanism. The notification is effective from the 01/01/2019 and to be considered for the GSTR-3B of January 2019. This is similar to security agency services liable to RCM under Service Tax regime.

According to this notification: Security services provided by any person other than body corporate to a registered person, the recipient is liable to discharge GST under RCM.

Following persons are excluded from paying GST under RCM, these continues to be liable under the hands of security Agency (forward charge)

1. When the following authorities only taken registration for the purpose of deducting TDS

(a) Department/establishment of CG, SG or UT

(b) Local authority

(c) Government agencies

2. Persons registered under composition scheme

The reverse charge provisions have been introduced only where services provided are in the nature of ‘supply of security personnel’ only. Further, the tax has to be paid under reverse charge mechanism on the gross amount charged (security personnel cost+PF+ESI+service charges+ other charges) by the security service providers and not merely on the service charges.

Let us take few illustrations for easy understanding:

Supplier Recipient Reverse Charge Mechanism (RCM)/ Forward Charge Mechanism (FCM)
Body Corporate Unregistered in GST Registered Person RCM
Body Corporate Registered in GST Registered Person FCM
Other Than Body Corporate Registered in GST Registered Person RCM
Other Than Body Corporate Registered in GST Registered Person For TDS FCM
Other Than Body Corporate Registered in GST Composite Dealer FCM
Registered Person Unregistered Person FCM
Unregistered Person Unregistered Person No GST

Reverse Mechanism not applicable on purchases from unregistered persons Section 9(4):

(1) Notification no.01/2019 Central Tax (Rate) rescinded the notification no.08/2017 Central Tax (Rate) which deferred the present RCM u/s 9(4) of CGST Act till 30th September 2019 CT(R).

(2) Therefore, the deferment of Reverse Charge Mechanism on Unregistered Dealer on its procurements till 30th September 2019 is not applicable.

(3) According to the latest amendment of CGST Act applicable from 1st February 2019, Section 9(4) of CGST Act which states that GST liable under RCM for the procurements from unregistered persons would be payable only by the notified class of registered recipients and for the notified goods or services.

(4) Goods or services or the class of registered recipients has not been specified or notified by the government.

(5) Effectively, No Reverse Charge Mechanism on Unregistered Dealer on its procurements till the goods or services and the class of registered recipients are specified or notified by the government.

Amendment in Manner of utilization of ITC:

Section 49A has been inserted which prescribes the manner of utilization of ITC. The extract of the section provided below:

“notwithstanding anything contained in section 49, the input tax credit on account of central tax, State tax or Union territory tax shall be utilized towards payment of integrated tax, central tax, State tax or Union territory tax, as the case may be, only after the input tax credit available on account of integrated tax has first been utilized fully towards such payment.

In simple terms, a taxpayer would be able to utilize credit on account of CGST, SGTS/UTGST, only after exhausting all credit on account of IGST available to him. This is being done to minimize fund settlement on account of IGST.

Therefore, the manner of utilization of GST credit is as follows:

Credit of IGST to be utilized first for the liability of: IGST-CGST-SGST


Credit of CGST to be utilized first for the liability of: CGST/IGST (If any)

Credit of SGST to be utilized first for the liability of: SGST/IGST (If any)

Impact of above section is illustrated below:

Particulars IGST CGST SGST
Output 1,00,000.00 1,00,000.00 1,00,000.00
Tran C/f -50,000.00
Input -2,00,000.00 -80,000.00 -80,000.00

According to Section 49(5) – Applicable up to 31st January 2019:

Payment of Tax IGST CGST SGST
IGST 1,00,000.00 —-
CGST 1,00,000.0
SGST 20,000.00 —- 80,000.00
ITC Balance -80,000.00 -30,000.00

According to Section 49A & 49(5) – effective from 01/02/2019:

Payment of Tax IGST CGST SGST
IGST 1,00,000.00 —-
CGST 1,00,000.00 —-
SGST —- 80,000.00
Cash 20,000.00
ITC Balance -1,30,000.00

The above amendment seems to increase accumulation in CGST and cash pay-out in SGST. This may also be the requirement of the government wherein; the cash pay-out is directed towards the states and the refund if any could be claimed from Centre in a easier and faster process. The above amendment will be effective from the 01/02/2019 and to be considered for the GSTR-3B of February month.

Amendment in Definition of Supply

The definition of supply has been changed with retrospective with effect from 01/07/2017

Section 7(1) the definition of Supply includes:

a) All forms of supply of goods or services or both such as sale, transfer, barter, exchange, license, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business

b) Import of services for a consideration whether or not in the course or furtherance of business (and)

c) The activities specified in Schedule I, made or agreed to be made without a consideration: ( and – removed)

(1A) where certain activities or transactions constitute a supply in accordance with the provisions of sub-section (1), they shall be treated either as supply of goods or supply of services as referred to in Schedule II.

(2) Notwithstanding anything contained in sub-section (1), – –

Activities or transactions specified in Schedule III; or

Such activities or transactions undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities, as may be notified by the Government on the recommendations of the Council, shall be treated neither as a supply of goods nor a supply of services

(3) Subject to the provisions of sub-sections (1), (1A) and (2), the Government may, on the

Recommendations of the Council specify, by notification, the transactions that are to be treated as-

a supply of goods and not as a supply of services; or

a supply of services and not as a supply of goods.

My Opinion:

Schedule II of CGST Act provides the transactions which are fall under the ambit of either supply of goods or supply of service, merely transactions covered under schedule II does not make it has a supply. First, it has to satisfy ‘supply’ within clause (a) to (c) of section 7(1). After satisfying the above conditions, reference would be made to Schedule II to determine as to whether it ‘supply of goods’ or ‘supply of services’.

Amendment in input tax credit reversal

According to the amendment (w.e.f. 01/02/2019) provides that if the persons engaged in the both taxable as well as transaction covered under Schedule III, except in case of sale of land or building sold after occupancy certificate (neither supply of goods nor supply of services), there is no need to reverse ITC for the transactions covered under the Schedule III.

Miscellaneous amendments:

1) The turnover limit for eligibility to opting composition scheme has been increased from Rs.1 crore to Rs.1.5 crores. It is effective from the 01/02/2019.

2) Composition dealers to be allowed to supply services (other than restaurant services), for up to a value not exceeding 10% of turnover in the State in the preceding financial year or Rs. 5 lakhs, whichever is higher.

3) Section 13(3)(a) has been amended which prescribes that services supplied in relation to goods temporarily imported to India for the treatment or process (Job work), which are not put to use in India other than for such job work. This ensures that the place of supply is shifted from the place where services are performed, to the location of the recipient (outside India), therefore, qualifying the supplier to claim the benefits under Export of Service.

4) Registered persons may issue consolidated credit / debit notes in respect of multiple invoices issued in a Financial Year. However, references of all the invoices to be given.

The above summary has been prepared considered only few amendments/recent notifications which has a significant impact on the GST industry as a whole.

Disclaimer: The contents of this article are solely for information and knowledge and does not constitute any professional advice or recommendation. Author does not accept any liability for any loss or damage of any kind arising out of this information set out in the article and any action taken based thereon.

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February 2021