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Is RCM is appliocable in retainership service

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..... A Pvt. company (GST Registered) keep his retired employee for professional service and make payment as Professional fees for Retainer booked. Is the payment made to the retired employee fall under RCM or not. Thanking for your co-operation - Reply By Sadanand Bulbule - The Reply = Dear Sir In terms of serial number 2 of Notification No.13/2017-Central Tax [Rate] dated 28/06/2017 , the services sup .....

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..... plied by following person/s is liable to RCM in the hands of any business entity located in the taxable territory: An individual advocate including a senior advocate or firm of advocates. [ Supplier of legal service] In your case, the retired employee is providing only professional services [other than in the capacity of an advocate] Explanation.- legal service means any service provided in relati .....

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..... on to advice, consultancy or assistance in any branch of law, in any manner and includes representational services before any court, tribunal or authority. Hence professional services provided by retired employee do not fall under Sl. No. 2 above. So it is not liable for RCM. - Reply By KASTURI SETHI - The Reply = Professional services fall under Heading 9983 (SAC) and legal services are classifie .....

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..... d under Heading 9982 (SAC) . A world of difference between both terms. Hence no RCM is applicable. No need to explain further as comprehensive and clear-cut reply has already been posted by an expert, Sh. Sadanand Bulbule Sir Ji. - Reply By Shilpi Jain - The Reply = I am assuming that the employee is a person in India. When there is no entry in RCM notification that the above service by ex-employe .....

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..... e can fall under then no liability on the recipient entity. - Is RCM is appliocable in retainership service - Query Started By: - Affirmservicesconsultancy Privatelimited Dated:- 20-6-2024 Last Replied Date:- 26-6-2024 Goods and Services Tax - GST - Got 3 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - .....

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..... taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

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