Priya, a freelance designer in Pune, hired an advocate for a contract dispute. The lawyer sent a bill with no GST on it. Months later her accountant said she owed that GST herself. She had just met the reverse charge mechanism, where the buyer, not the seller, pays the tax to the government.
Quick answer: Under the GST reverse charge mechanism (RCM), the recipient of certain goods or services pays GST directly to the government instead of the supplier collecting it. It applies to notified categories like advocate fees, goods transport, director services and sponsorship. Anyone liable under RCM must register for GST regardless of turnover.
Reverse charge means the liability to pay GST shifts from the supplier to the recipient of the supply. Normally the seller charges GST on the invoice and deposits it. Under RCM the buyer self-assesses the tax and pays it to the government directly. The supplier does not charge GST on that supply.
The reverse charge mechanism is defined in Section 2(98) of the CGST Act, 2017: the liability to pay tax by the recipient instead of the supplier under sub-section 3 or 4 of Section 9.
Two routes create an RCM liability:
The notified services list lives in Notification 13/2017-Central Tax Rate, as amended. The administering authority is the Central Board of Indirect Taxes and Customs (CBIC), with the GST Council recommending what gets notified.
These are among the categories notified under Notification 13/2017, where a business recipient pays GST under reverse charge:
If you receive any of these, the supplier will not charge you GST. You must pay it yourself.
Real-life example (illustrative): Aarav runs a small marketing firm in Indore. He pays Rupee 1,00,000 to an advocate for a trademark dispute and Rupee 50,000 to a transporter (GTA) for delivering exhibition stalls. The advocate and GTA bills carry no GST. Because both are notified under Section 9(3), Aarav self-assesses GST at 18 percent on each, deposits the tax in cash through his GST portal, and claims it back as input tax credit in the same GSTR-3B. Net cost to him after credit: nil, but only because he reported it correctly.
If a GST officer disputes your RCM classification, or your input tax credit on RCM tax is stuck, you have escalation routes. You can raise a ticket on the GST self-service helpdesk, lodge a grievance on CPGRAMS (pgportal.gov.in), or write to your jurisdictional GST officer for a written clarification. A written, dated request creates a record you can rely on later.
To, The Jurisdictional GST Officer / GST Helpdesk [Office address / ticket portal]
Subject: Request for clarification on reverse charge liability and input tax credit - GSTIN [your GSTIN]
Respected Sir/Madam,
I am a registered taxpayer under GSTIN [number]. I have received [advocate services / GTA services / director services], which I understand fall under reverse charge as per Section 9(3) of the CGST Act, 2017 read with Notification 13/2017-Central Tax Rate.
I have paid the applicable GST under reverse charge in cash through my electronic cash ledger for the period [month/year]. However, [my input tax credit on this RCM tax has not reflected / I seek written confirmation that this supply is correctly classified under RCM].
I request a written clarification on the above so that my returns are filed correctly. Kindly treat this as a formal grievance and provide a dated reference number.
Yours faithfully, [Name / authorised signatory] [GSTIN, date, contact]
The recipient of the goods or services pays GST directly to the government, instead of the supplier collecting it. This happens only for categories notified under Section 9(3) or supplies covered by Section 9(4).
Yes. Under Section 24 of the CGST Act, any person required to pay tax under reverse charge must register, even if turnover is below the normal threshold.
No. The reverse charge liability must be paid in cash through the electronic cash ledger. You can claim that tax back as input tax credit afterwards, if the supply is otherwise eligible.
For legal services by an advocate or firm of advocates to a business entity, the recipient pays under reverse charge. The advocate does not charge GST on the bill.
When you receive goods or services under reverse charge from an unregistered supplier, Section 31(3)(f) requires you, the registered recipient, to issue an invoice to yourself.
No. The broad version of Section 9(4) was suspended. It now applies only to notified classes, mainly promoters in real estate under Notification 07/2019-Central Tax Rate.
The unpaid tax can surface during scrutiny or audit, with interest and penalty. You may also lose the input tax credit you would have been entitled to if you had reported it correctly.