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Whether RCM applicable in case of Honorarium paid to the director of the co op bank by Co Op?

Whether RCM applicable in case of Honorarium paid to the director of the co op bank by Co Op?

Reply—  As per section 9(3) of CGST Act, 2017 and No.13/2017-Central Tax (Rate) dated 28.06.2017, reverse charge is applicable where—

Supplier of service — A director of a company or a body corporate

Category of supply of service—Services supplied by a director of a company or a body corporate to the said company or the body corporate.  

Recipient of service — The company or a body corporate located in the taxable territory.

The term body corporate has the same meaning as assigned to it in clause (11) of section 2 of the Companies Act, 2013.

2(11) "body corporate" includes a company incorporated outside India, but does not include—

(i) a co-operative society registered under any law relating to co-operative societies; and

(ii) any other body corporate (not being a company as defined in this Act), which the Central Government may, by notification, specify in this behalf;

In your case, the recipient of service is co-operative bank, which is neither a company nor a body corporate, reverse charge will not applicable.

Posted Date: Mar 12, 2019
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