Service Tax: Reverse Charge Mechanism &

Accounting Treatment
by Sanyam Jain | posted: January 25, 2013 13 comments

Background of Reverse Charge Mechanism

Service tax is normally collected by the Service Provider and deposited with the Government.
However, with effect from 1-7-2012 a new scheme of taxation has been brought into effect
whereby the liability for depositing service tax for services received/consumed shall be on the
Service Recipient. This liability for depositing the service tax directly with the Government is
either in full or jointly between the Service Provider and the Service Recipient in certain ratios as
prescribed.
When the liability to deposit service tax is on the Service Recipient on the basis of services
consumed, it is called as a Reverse Charge Mechanism. Under the Reverse Charge Mechanism
the Service Recipient is liable to pay service tax directly to the Government instead of paying the
service tax to the Service Provider.

Notification No. 30/ 2012 dated 20-6-2012 and Notification No. 45/2012 dated 07-08-2012
issued by the Central Government has notified the description of specified services when
provided in the manner so specified where part of the service tax has to be paid by the Service
Recipient. The extent to which tax liability has to be discharged by the Service Recipient has
also been specified in the said notifications. The same is tabulated below:

List I Services under Full Reverse Charge Mechanism:

SN Nature of Service Description of a Service

(1)
(2)
(3)

(4)

(5)

(6)

Percentage of Service Percentage of

tax payable by Service Service tax
Provider
payable by
Service
Recipient
Goods Transport Transport of goods by road
NIL
100%
Services
Sponsorship
Sponsorship service
NIL
100%
Service
Legal Services Legal services by
NIL
100%
Individual advocate or a
firm of advocates including
arbitral services
Government
Support services by
NIL
100%
Services
Government or local
authority (excluding
renting of immovable
property and certain other
specified services)
Directors Fees Services provided or
NIL
100%
agreed to be provided by a
Director of a company to a
said company
Import of Service Any taxable service where
NIL
100%
the Service provider is
located in a non taxable
territory and service
recipient located in a
taxable territory

List II Services under Partial Reverse Charge Mechanism:

SN Nature of Service Description of a Service

Percentage of Service Percentage of

tax payable by Service Service tax
Provider
payable by
Service
Recipient

(1)

Manpower
Supply of manpower for
Supply Service* any service
Security Service* Security service
Works Contract Works Contract service
Service*
Rent-a-cab
Renting of passenger motor
Service*
vehicles- With abatement
(40% taxable)- Without
abatement

(2)
(3)
(4)

25%

75%

25%
50%

75%
50%

NIL

100%

60%

40%

* Only in cases where the Service Provider is an individual, HUF, partnership firm, AOP or
Trust
1. Would the Full Reverse Charge Mechanism be applicable in all the above cases as listed
in List-I?
If the type of service received/consumed falls under any of the 6 categories as given in List I
above, then we (BD) as a Service Recipient will be liable to pay the service tax directly to the
Government under the Full Reverse Charge Mechanism.
2. Would Partial Reverse Charge Mechanism be applicable in all cases as listed in List-II?
Partial Reverse Charge Mechanism is not applicable for all cases. For Partial Reverse Charge
Mechanism to apply, it needs to fulfil 2 conditions:

The Service Provider is a non corporate entity (See Separate FAQ on how to identify
whether the service provider is a non corporate entity).
The service received/consumed should fall under the type of service as listed in List II.
(See separate FAQs on how to identify the service).

If both these two conditions together are satisfied then the service tax will be applicable under
the Partial Reverse Charge Mechanism wherein we (BD) will be required to deposit part of the
service tax to the Government directly, and part of the service tax will be billed to us by the
Service Provider.
3. How to identify if the Service Provider is a non corporate entity?
The PAN of the vendor will guide us to identify if the Service Provider is a non corporate entity.
As you are aware, the 4th alphabet of the 10 digit alphanumeric PAN decides the status of the
person.
If the 4th digit of the PAN is any letter other than C then Partial Reverse Charge Mechanism
will apply. That means that if the 4th alphabet of the 10 digit PAN is C then Partial Reverse
Charge Mechanism will not apply.
4. What is the meaning of Supply of Manpower?

Supply of manpower means supply of manpower, temporarily or otherwise, to another person to

work under his superintendence or control. Supervision and control guide whether or not the
contract is for supply of manpower. Example: Housekeeping service through housekeeping staff
deployed at office will not be covered under supply of manpower since the staffs do not work
under our supervision and control, but they work under the supervision and control of the
contractor.
5. What is a Works Contract?
Works Contract has been defined to mean a contract wherein transfer of property in goods
involved in the execution of such contract is leviable to tax as sale of goods and such contract is
for the purpose of carrying out construction, erection, commissioning, installation, completion,
fitting out, repair, maintenance, renovation, alteration of any movable or immovable property or
for carrying out any other similar activity or a part thereof in relation to such property.
6. Would contracts for repair or maintenance of assets be treated as works contracts? If
so, how would the value be determined for ascertaining the value portion of service
involved in execution of such a works contract?
Yes. Contracts for repair or maintenance of moveable properties are also works contracts if
property in goods is transferred in the course of execution of such a contract. Service Tax has to
be paid in the service portion of such a contract. Therefore in our case, all comprehensive annual
maintenance contracts for repair, maintenance, for all assets will get covered under this category.
7. Would contracts for painting of a building, repair of a building, renovation of a building,
wall tiling, flooring be covered under works contract?
Yes, if such contracts involve provision of materials as well.
8. Is the entire contract value liable for service tax under the Partial Reverse Charge
Mechanism?
No the entire contract value is not leviable to service tax. Only the Service portion of the
Works Contract is declared and deemed to be a service.
9. What is the manner of determination of value of service portion in execution of a
works contract from the total contract?
The manner for determining the value of service portion of a works contract from the total
works contract is given in Rule 2A of the Service Tax (Determination of Value) Rules, 2006. As
per sub-rule (i) of the said Rule 2A the value of the service portion in the execution of a works
contract is the gross amount charged for the works contract less the value of transfer of property
in goods involved in the execution of the said works contract
Gross amount includes
Gross amount does not include
Labour charges for execution of the Value of transfer of property in

works
Amount paid to a sub-contractor for
labour and services
Charges for planning, designing and
architects fees
Charges for obtaining on hire or
otherwise, machinery and tools used
for the execution of the works
contract
Cost of consumables such as water,
electricity, fuel, used in the
execution of the works contract

goods involved in the execution of

the said works contract.Note:As per
Explanation (c) to the said sub-rule
(i), where value added tax or sales
tax has been paid or payable on the
actual value of property in goods
transferred in the execution of the
works contract, then such value
adopted for the purposes of payment
of value added tax or sales tax, shall
be taken as the value of property in
goods transferred in the execution of
the said works contract.
Cost of establishment of the
Value Added Tax (VAT) or sales
contractor relatable to supply of
tax, as the case may be, paid, if any,
labour and services and other similar on transfer of property in goods
expenses relatable to supply of
involved in the execution of the said
labour and services
works contract.
Profit earned by the service provider
relatable to supply of labour and
services
10. Is there any simplified scheme for determining the value of service portion in a works
contract?
Yes. The scheme is contained in the clause (ii) of rule 2Aof the Service Tax (Determination of
Value) Rules, 2006. As per this scheme the value of the service portion, where value has not
been determined in the manner as provided in clause (i) of rule 2A (explained in point 8.2.1
above), shall be determined in the manner explained in the table below
Where works contract is for
(A) execution of original works

Value of the service portion shall

be
40% of the total amount charged for
the works contract
70% of the total amount charged
including such gross amount

(B) maintenance or repair or

reconditioning or restoration or
servicing of any goods
(C) in case of other works contracts, 60% of the total amount charged for
not included in serial nos. (A) and (B) the works contract
above, including contracts for
maintenance, repair, and completion
and finishing services such as glazing,
plastering, floor and wall tiling,
installation of electrical fittings.

Important-As per the Explanation (II) to clause (ii) of rule 2A of the said Rules total amount
referred to in the second column of the table above would be the sum total of gross amount
charged for the works contract and the fair market value of all goods and services supplied in or
in relation to the execution of works contract, under the same contract or any other contract, less
(i) the amount charged for such goods or services provided by the service receiver; and (ii) the
value added tax or sales tax, if any, levied to the extent they form part of the gross amount or the
total amount, as the case may be.
11. What are original works?
As per Explanation (I) to clause (ii) of rule 2A of the Valuation Rules Original works means:

all new constructions;

all types of additions and alterations to abandoned or damaged structures on land that is
required to make them workable;
erection, commissioning or installation of plant, machinery or equipment or structures,
whether pre-fabricated or otherwise.

12. What does a Service Provider need to indicate on the invoice when he is liable to pay
only a part of the liability under the partial Reverse Charge Mechanism?
The Service Provider shall issue an invoice complying with Rule 4A of the Service Tax Rules
1994. Thus the invoice shall indicate the name, address and the registration number of the
service provider; our (BD) name and address as a Service Recipient receiving taxable service;
the description and value of taxable service provided or agreed to be provided; and the service
tax payable thereon. As per clause (iv) of sub-rule (1) of the said rule 4A the service tax payable
thereon has to be indicated.
13. If the Service Provider is exempted being a SSI (turnover less than Rs 10 lakhs), how
will the Reverse Charge Mechanism work?
The liability of the Service Provider and Service Recipient are different and independent of each
other. Thus in case the service provider is availing exemption owing to turnover being less than
Rs 10 lakhs, he shall not be obliged to pay any tax. However, we as Service Recipient shall have
to pay service tax which we are required to pay under the partial Reverse Charge Mechanism.
14. How is the Service Recipient required to calculate his tax liability under Partial Reverse
Charge Mechanism? How will the service recipient know which abatement or valuation
option has been exercised by the service provider?
We as the Service Recipient would need to discharge liability only on the payments made by us.
Thus the assessable value would be calculated on such payments done. (Free of Cost material
supplied and out of pocket expenses reimbursed or incurred on behalf of the service provider
need to be included in the assessable value in terms of Valuation Rules) The invoice raised by
the Service Provider would normally indicate the abatement taken or method of valuation used
for arriving at the taxable value. However since the liability of the Service Provider and Service

Recipient are different and independent of each other, the Service Recipient can independently
avail or forgo an abatement or choose a valuation option depending upon the ease, data available
and economics.
15. What is Rent-a-cab service?
Services in relation to renting of a motor vehicle designed to carry passengers (cars, buses, vans,
etc.) is covered under the rent a cab service.
16. Is the entire contract value liable for service tax under the Partial Reverse Charge
Mechanism?
No, the entire contract value is not leviable to service tax. There are options available to the
service provider of abatement or no abatement.
However as mentioned earlier, since the liability of the Service Provider and Service Recipient
are different and independent of each other, the Service Recipient can independently avail or
forgo abatement or choose a valuation option depending upon the ease, data available and
economics.
Whether or not the Service Provider has taken abatement or no, in either case as a Service
Recipient our liability under Partial Reverse Charge Mechanism will always be effectively
4.944%.
17. Is CENVAT credit allowed to be taken of the service tax partially billed by the Service
Provider and partially paid by us as a Service Recipient under the Partial Reverse Charge
Mechanism?
Yes, CENVAT Credit can be availed on all the service tax amount paid to the vendor under as
well as paid by us directly into the Government Treasury under the partial Reverse Charge
Mechanism, except CENVAT credit cannot be taken on rent-a cab services and CENVAT
credit also cannot be taken for any expenses incurred on any of the passenger vehicles.
17. In case the vendor has wrongly billed service tax in his invoice but his service is covered
under the Full Reverse Charge Mechanism what should be done?
In case the service rendered by the Service Provider falls under List-I as above and therefore
covered under the Full Reverse Charge Mechanism, we should ask the Vendor to raise a fresh
invoice without service tax.
18. In case the vendor has wrongly billed full service tax in his invoice but his service is
covered under the Partial Reverse Charge Mechanism what should be done?
In case the service rendered by the Service Provider falls under List-II as above and therefore
covered under the Partial Reverse Charge Mechanism, we should ask the Vendor to raise a fresh
invoice charging service tax only to the extent to be collected by him from us.

19. How are locations to report this information on Reverse Charge Mechanism?
We will ask you to capture this information on excel sheets. Formats will be circulated shortly.
Once we get comfort on the process, recording and reporting of these transactions in excel
formats, we will then automate in the Navision ERP.

Accounting Treatment in case of Reverse Charge of Service

Tax
Service Tax Liability
The foremost point is when the liability for the payment of Service Tax will arise in case of
Reverse Charge. The relevant extract of Rule 7 regarding this is as follows: Rule 7: - Determination of point of taxation in case of specified services or persons: Notwithstanding anything contained in these rules, the point of taxation in respect of the persons
required to pay tax as recipients of service under the rules made in this regard in respect of
services notified under sub-section (2) of section 68 of the Act, shall be the date on which
payment is made:
Provided that, where the payment is not made within a period of six months of the date
of invoice, the point of taxation shall be determined as if this rule does not exist:
As this is clear from the above Rule 7 of Point of Taxation is that in case of Reverse Charge the
Point of Taxation is when the payment is made .i.e.service tax liability is arise when service
recipient make payment to service provider.
Example: - we have received the Taxable Service under Reverse Charge in the month of say Sept
2012, however the payment made to the party in the month of September 2012.In this case
the Service Tax liability will arise in the month of September 2012 and the due date for the
payment of Service Tax will be the 5th/6th of the succeeding month. Suppose extract of invoice
received is as below:
Case-I
Case-II
where advocate charged service tax on his where advocate don not charge service tax on
invoice.
his invoice.
Legal fees
10,000
Legal fees
10,000
Service Tax @ 12.36%
1,236
Service Tax @ 12.36%
Nil
Total Bill
11,236
Total Bill
10,000
2. Accounting Treatment in the Month of September 2012: At the time of booking the Expense for the service received
Case-I
Legal fees Dr.

Case-II
Legal fees Dr.

10,000
Service tax input but not due Dr.
1,236
To XYZ
8,877
To TDS payable
1,123
To Service Tax Payable
1,236

10,000
Service tax input but not due Dr.
1,236
To XYZ
9,000
To TDS payable
1,000
To Service Tax Payable
1,236

3.Accounting Treatment at the time of making payment to Party

Case-I
XYZ Dr.
To Bank/Cash

8,877
8,877

Case-II
XYZ Dr.
To Bank/Cash

9,000
9,000

As we have made the payment to the concerned party, the liability for the payment of Service
Tax has arised and since we have not paid the payment of Service Tax yet, so we are not eligible
for the Input tax Credit of Service Tax at this stage.
Cenvat Credit of Service Tax: The second important thing is when the Input Credit of the service tax paid above will be
taken. The relevant extract of Rule 9 regarding this is as follows: Rule 9 (1)(e), a challan evidencing payment of service tax by the person liable to
pay service taxunder sub-clauses (iii), (iv), (v) and (vii) of clause (d) of sub-rule (1) of
rule (2) of the Service Tax Rules, 1994;
4. As from the above extract is clear that the Input Credit for the Service Tax payable is available
only after the payment of Service Tax on the basis of Challan evidencing the payment of Service
Tax.
Accounting Treatment at the time of making payment of Service tax to the Central Govt.
Case-I
Service Tax Payable
1,236
Service Tax input
due
1,236
To Bank
1,236
To Service tax input but not due 1,236

Case-II
Service Tax Payable
1,236
Service Tax
input due
1,236
To Bank
1,236
To Service tax input but not due 1,236

5. Now we can utilize Cenvat input to out tax liability as payment of service tax has been made
Case-I
Service Tax Output Dr.
To Service Tax input due

1,236
1,236

Case-II
Service Tax Output Dr.
To Service Tax input due

1,236
1,236

Lets take another example of car hire charges where Cenvat Credit not available and TDS
deducted @1%

Car Hire
Charges
Service Tax
Total

Case-I when
provider charge
service tax at
abated value @
40% of 12.36%
(i.e.4.944%)

Case-II when Service

Case-III when Service
provider charge
provider do not charge
service tax at full
service tax on invoice
rate @ 12.36%

10,000

10,000

10,000

494
10,494

1,236
11,236

10,000

1.At the time of booking the Expense for the service received
Case-I

Case-II

Car Hire Charges 10494

To XYZ
9,896
To TDS payable 104
To Service Tax Payable
494

Case-III
Car Hire Charges Dr.
Car Hire Charges 11,236
10,000
Service Tax Paid Dr.
To XYZ
10,630
(claim as exp.)
To TDS payable 112
To XYZ
To Service Tax Payable
To TDS payable
494
To Service Tax Payable

494
9,900
100
494

2.At the time of making payment to party

Case-I
XYZ Dr.

9,896

To Bank/Cash 9,896

Case-II
XYZ Dr.

10,630

To Bank/Cash 10,630

Case-III
XYZ Dr.

9,900

To Bank/Cash 9,900

3. Accounting Treatment at the time of making payment of Service tax to the Central Govt.
Case-I
Service Tax Payable 494

Case-II
Service Tax Payable 494

Case-III
Service Tax Payable 494

To Bank

To Bank

To Bank

494

494

494