Notification no 29/2018 Central Tax (Rate) date on 31st December, 2018, GST

 

Central Tax (Rate) Notification No 29 of 2018 dated 31st December, 2018 under GST 

 

Seeks to amend notification No. 13/2017- Central Tax (Rate) so as to specify services to be taxed under Reverse Charge Mechanism (RCM) as recommended by Goods and Services Tax Council in its 31st meeting held on 22.12.2018. 

The extract of GST Notification No. 29/2018- Central Tax (Rate) is given below: 

 Notification No. 29/2018- Central Tax (Rate), GST

 

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,

SECTION 3, SUB-SECTION (i)]

Government of India

Ministry of Finance

(Department of Revenue)

 

Notification No. 29/2018- Central Tax (Rate)

 

New Delhi, the 31st December, 2018

 

GSR......(E).- In exercise of the powers conferred by sub-section (3) of section 9 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.13/2017- Central Tax (Rate), dated the 28th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 692(E), dated the 28th June, 2017, namely:-

 

In the said notification,- 

(i)             in the Table,- 

(a)against serial number 1, in the entry in column (2), after item (g), the following proviso shall be inserted, namely: - 

“Provided that nothing contained in this entry shall apply to services provided by a goods transport agency, by way of transport of goods in a goods carriage by road, to, - 

(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 and not for making a taxable supply of goods or services.”;

 

(b)  after serial number 11 and the entries relating thereto, the following serial numbers and entries shall be inserted, namely: -

 

(1)

 

(2)

 

(3)

(4)

 

 

 

 

 

 

 

“12.

Services provided by business

 

Business facilitator (BF)

A  banking

company,

 

facilitator  (BF)  to  a  banking

 

 

located  in

the

taxable

 

company

 

 

territory

 

 

 

 

 

 

 

 

 

13.

Services provided by an agent

 

An  agent  of   business

A

 

business

 

of

business   correspondent

 

correspondent (BC)

correspondent,

located

 

(BC) to business correspondent

 

 

in the taxable territory.

 

(BC).

 

 

 

 

 

 

 

 

 

 

 

 

 

14.   Security

 

services

(services

Any person other than a

A  registered

person,

provided by way of supply of

body corporate

located  in  the

taxable

security personnel) provided to

 

territory.”;

 

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. 

(ii)              in the Explanation, after clause (g), the following clause shall be inserted, namely:- 

“(h) provisions of this notification, in so far as they apply to the Central Government and State Governments, shall also apply to the Parliament and State Legislatures.”. 

2. This notification shall come into force on the 1st day of January, 2019.

[F. No. 354/428/2018- TRU]

 

(Gunjan Kumar Verma)

Under Secretary to the Government of India

 

Note: -The principal notification No. 13/2017 - Central Tax (Rate), dated the 28th June, 2017was published in the Gazette of India, Extraordinary, vide number G.S.R. 692 (E), dated the 28th June, 2017 and was last amended by notification No. 15/2018 - Central Tax (Rate), dated the 26th July, 2018 vide number G.S.R. 679(E), dated the 26th July, 2018.

 

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Comments


Subhamay banerjee: if security service provider is a Pvt. Ltd Company then receiver of security services is supposed to pay GST on RCM or not.

s.banerejee: Please advice, if security service provider is a Pvt. Ltd. Company, then the receiver of security services is supposed to pay GST on RCM or NOt.

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