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Notification No. 15/2018 – UTGST Explained

by Shakshi Bharti | Apr 14, 2024 | GST, 2018 Notifications, Notifications, Union Territory Tax (Rate) 2018 Notifications | 0 comments

Important Keyword: Notification 15/2018 UTGST, DSA GST reverse charge, GST on loan agents India, NBFC GST RCM, UTGST RCM notification 2018, Direct Selling Agent GST India, renting of immovable property GST clarification, UTGST amendment July 2018,

Words: 906 Read time: 5 minutes.

[F. No. 354/13/2018- TRU]
Government of India
Ministry of Finance
(Department of Revenue)

New Delhi, the 26th July, 2018

Notification No. 15/2018 - Union Territory Tax (Rate): Seeks to amend notification No. 13/2017- Union Territory Tax (Rate) so as to specify services supplied by individual Direct Selling Agents (DSAs) to banks/ non-banking financial company (NBFCs) to be taxed under Reverse Charge Mechanism (RCM).

GST: [TO BE PUBLISHED IN THE GAZZETE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GSR......(E).- In exercise of the powers conferred by sub-section (3) of section 7 of the Union Territory Goods and Services Tax Act, 2017 (14 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- Union Territory Tax (Rate), dated the 28thJune, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 704(E), dated the 28thJune, 2017, namely:-

In the said notification, -

  • in the Table, after serial number 10 and the entries relating thereto, the following serial number and entries shall be inserted, namely: -
(1)(2)(3)(4)
“11Services supplied by individual Direct Selling Agents (DSAs) other than a body corporate, partnership or limited liability partnership firm to bank or non-banking financial company (NBFCs)Individual Direct Selling Agents (DSAs) other than a body corporate, partnership or limited liability partnership firm.A banking company or a non-banking financial company, located in the taxable territory.”;
  • in the Explanation, after clause (f), the following clause shall be inserted, namely: -

‘(g) “renting of immovable property” means allowing, permitting or granting access, entry, occupation, use or any such facility, wholly or partly, in an immovable property, includes letting, leasing, licensing or other similar arrangements in respect of immovable property.’.

2. This notification shall come into force with effect from 27th of July, 2018.

(Gunjan Kumar Verma)
Under Secretary to the
Government of India

Note: -The principal notification was published in the Gazette of India, Extraordinary, vide notification No. 13/2017 - Union Territory Tax (Rate), dated the 28th June, 2017, vide number G.S.R. 704 (E), dated the 28thJune, 2017 and was last amended by notification No. 3/2018 - Union Territory Tax (Rate), dated the 25th January, 2018 vide number G.S.R. 77 (E), dated the 25th January, 2018.


📚 Frequently Asked Questions (FAQs): Notification No. 15/2018 – Union Territory Tax (Rate)

Q1: What is Notification No. 15/2018 - Union Territory Tax (Rate)?

Answer:
It is a GST amendment bringing individual DSA services to banks/NBFCs under Reverse Charge Mechanism 15.

Q2: From when is this applicable?

Answer:
It is effective from 27 July 2018 15.

Q3: Who is covered under this notification?

Answer:
Individual Direct Selling Agents supplying services to banks or NBFCs.

Q4: Does RCM apply to company DSAs?

Answer:
No. It applies only to individual DSAs (not body corporate, LLP, or partnership).

Q5: Who pays GST under this arrangement?

Answer:
The bank or NBFC pays GST under Reverse Charge.

Q6: Should DSA register under GST?

Answer:
If exclusively supplying RCM services, registration may not be mandatory. However, evaluate turnover and other supplies.
Need GST Registration help?
👉 https://finodha.in/online-gst-registration/

Q7: How is GST reported in returns?

Answer:
Bank/NBFC reports RCM liability in GSTR-3B.
Ensure accurate filing:
👉 https://finodha.in/gst-return-filing/

Q8: What if DSA supplies services to other clients?

Answer:
GST applicability may differ. RCM applies only for services to banks/NBFCs under this entry.

Q9: What is the GST rate applicable?

Answer:
Financial intermediary services generally attract 18% GST (9% UTGST + 9% CGST).

Q10: Does this apply to all states?

Answer:
This applies in Union Territories under UTGST. Similar CGST notification applies in states.

Q11: Is commission income taxable?

Answer:
Yes, but tax is payable by recipient under RCM in specified cases.

Q12: What if bank fails to pay GST?

Answer:
Liability rests with recipient under RCM provisions.

Q13: Does this impact Income Tax?

Answer:
Commission income remains taxable under Income Tax.
Need ITR filing support?
👉 https://finodha.in/income-tax-return-filing-online/

Q14: What documents should DSA maintain?

Answer:
Agreement with bank/NBFC
Commission invoices
RCM declaration
Payment proofs

Q15: Where can I read official notification?

Answer:
Refer to Gazette Notification No. 15/2018-UT Tax (Rate) dated 26 July 2018


Download PDF: Notification No. 15/2018 – Union Territory Tax (Rate)


More Information: https://taxinformation.cbic.gov.in/

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