GST UPDATE

???? CA. Praveen Sharma Ki Desk Se ?????

Draft Reply Response to Notice No. dated Regarding GST Liability on OIDAR Services Received

?After reviewing the IGST Act, 2017, we believe that we are not liable to pay GST under the reverse charge mechanism for the following reasons:

?Payment in Indian Rupees : Payments for the OIDAR services were made in Indian Rupees (INR), not in foreign currency, which does not fulfill the "import of service" condition under Section 2(5) of the IGST Act.

?Supplier’s Place of Business : Our OIDAR service providers have a registered place of business in India, which also disqualifies these services from being considered as "import of service."

?Reverse Charge Mechanism : Since the services do not qualify as "import of service," the reverse charge mechanism under Section 5(2)(b) does not apply, and thus, we are not liable for GST.

?Based on these points, we request that the demand for GST payment be reconsidered and the notice withdrawn. We are willing to provide any further documentation or clarification if needed.

CA. Praveen Sharma

+91-9871530610