Meaning

The term Security Service is not defined in the CGST Act, 2017. As per general understanding Security service is a service wherein a person supplies security personnel to another person for a consideration. However, in the old regime of Service Tax, the term Security Agency was defined under section Section 65(94) of Finance Act, 1994; which is reproduced as under:

“Security agency” means any person engaged in the business of rendering services relating to the security of any property, whether movable or immovable, or of any person, in any manner and includes the services of investigation, detection or verification, of any fact or activity, whether of a personal nature or otherwise, including the services of providing security personnel.

Applicability of GST

GST is applicable on Security services with effect from 1st July, 2017 under Forward Charge Mechanism (FCM) wherein the provider of security services is liable to pay GST. However, with effect from 1st January, 2019, the Govt. has introduced Reverse Charge Mechanism (RCM) on certain types of persons, wherein the person receiving the security service will be liable to pay GST.

The relevant extract of the notification of RCM (Notification No. 29/2018- Central Tax (Rate), dated 31st December, 2018) is reproduced as below:

Sl. No. Category of Supply of Services Supplier of service Recipient of service
14 Security services (services provided by way of supply of security personnel) provided to a registered person:

Provided that nothing contained in this entry shall apply to, –

(i) (a) a Department or Establishment of the Central Government or State Government or Union territory; or

(b) local authority; or

(c) Governmental agencies;
which has taken registration under the Central Goods and Services Tax Act, 2017 (12 of 2017) only for the purpose of deducting tax under section 51 of the said Act and not for making a taxable supply of
goods or services; or

(ii) a registered person paying tax under section 10 of the said Act.

Any person other than a
body corporate
A registered person,
located in the taxable
territory.

Analysis

As per section 2(d) of Limited Liability Partnership Act, 2008, the term Body Corporate includes a Limited Liability Partnership (LLP). The entire applicability provision can be analysed from following table:

Supplier Recipient Applicable Charge Who is Liable to Pay
Company / LLP Registered / Unregistered Forward Charge Supplier
Other than Company / LLP Registered Reverse Charge Recipient
Other than Company / LLP Unregistered Forward Charge Supplier
Other than Company / LLP Registered

i)       Govt. Dept. (registered only for TDS)

ii)     Composition Dealer

Forward Charge Supplier

Conclusion

It is recommended for the supplier to verify/obtain suitable declaration from the recipients to ensure that they are covered under RCM before opting not to pay the tax on Forward Charge. The views and opinions expressed in this article are those of the author and are strictly personal and the author does not take any responsibility.

Author Bio

Qualification: CA in Practice
Company: CGA & Associates
Location: Lucknow, Uttar Pradesh, IN
Member Since: 06 Apr 2019 | Total Posts: 1
The author is CA in practice from Lucknow, Uttar Pradesh. He may be contacted at [email protected] He offers a wide range of Auditing and Accounting Services, Income Tax & GST Services, Corporate Laws and Compliance Services, Book Keeping and Advisory Services including FSSAI, EPF etc. View Full Profile

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