Question ID :
38014
GST on Technical or Management Fees
Foreign Holding Company of an Indian MNC Subsidiary, charges Technical or Management Fees on an Annual basis. Is this Import of Service for the Indian entity within the definition of Supply ? Whether GST payable on RCM basis even when the charge of RCM is delayed as per the Notifications ?
Posted by
Hemal Yogesh Shah
on
Mar 01, 2019
Filed Under
GST
Answer ID :
76331
Yes this is Import of Service and RCM is applicable as this case is covered under Section 5(3) of the IGST Act and RCM provisions of 5(4) have changed, 5(3) remains effective as it is.
Further, to decide, Import of Service Check following : 1. Supplier's Location is outside India 2. Recipient's Location is in India 3. Place of Supply is in India.
Posted by
Ashish Kumar Goyal on
Mar 02, 2019
Answer ID :
76345
Yes it is an import of service and RCM liability is there.
Posted by
CA. JHA SHANKAR KUMAR on
Mar 07, 2019