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Rakesh Garg Sandeep Garg Guide to GST on Services

From Commercial Law Publishers
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Author :Rakesh Garg Sandeep Garg

Publisher :Commercial Law Publishers

ISBN No :978-9356035676

SKU :CLA361

Edition :2025

Pages :1920

Format :Paperback

HSN No :49011010

Country Region :India

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Description

???? Guide to GST on Services (India)

What is GST on Services?

GST is a unified indirect tax levied on the supply of goods and services in India. For services, GST is applicable at the time of supply, and it's collected by the service provider from the recipient.


???? Key Terms

  • Supply: Includes all forms of supply like sale, transfer, lease, or exchange for a consideration.

  • Service: Anything other than goods, money, or securities. It includes activities related to the use of money or its conversion.

  • Consideration: Payment in money or in kind received for a service.


???? GST Rate on Services

  • Standard Rate: 18%

  • Reduced Rate: 5% or 12% (applicable for specific services like transportation, food services, etc.)

  • Exempted Services: No GST is charged (e.g., healthcare, education, certain financial services)

???? You can check the GST rate of a specific service using the GST Rate Finder from the CBIC website.


???? Time of Supply

Determines when GST is to be paid:

  1. If invoice is issued within 30 days – earlier of:

    • Invoice date

    • Date of payment

  2. If invoice is NOT issued within 30 days – date of service completion or payment


???? Place of Supply

Determines whether CGST + SGST (intra-state) or IGST (inter-state) is applicable.

  • Within same state: CGST + SGST

  • Between different states: IGST

  • For certain services (like online services), special rules apply


???? Input Tax Credit (ITC)

Businesses can claim credit for the GST paid on input services used to provide taxable services. Some restrictions apply.


???? Exempt & Nil-Rated Services

  • Exempt: No GST applicable (e.g., basic education, healthcare)

  • Nil-rated: GST rate is 0% (very rare for services)


???? GST Registration for Service Providers

  • Mandatory if aggregate turnover exceeds ₹20 lakhs (₹10 lakhs in special category states)

  • Voluntary registration allowed

  • Must file regular GST returns (GSTR-1, GSTR-3B, etc.)


???? Reverse Charge Mechanism (RCM)

In some cases, the recipient of the service pays the GST instead of the supplier. Examples:

  • Services from an unregistered supplier

  • Legal services from an advocate

  • GTA (Goods Transport Agency) services


????️ Examples of Common Services and Their GST Rates

Service Type GST Rate
Restaurant Services 5% or 18%
Hotel Accommodation (<₹7500) 12%
Telecom Services 18%
Online Streaming (OTT) 18%
Education (core services) Exempt
Legal Services (RCM basis) 18%

???? Compliance Requirements

  • Issue tax invoice with GSTIN

  • File monthly or quarterly returns (GSTR-1, GSTR-3B)

  • Maintain records for 6 years

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Content

Guide to GST on Services

1. Introduction

Goods and Services Tax (GST) is a unified indirect tax system in India that applies to the supply of both goods and services. It has replaced many indirect taxes previously levied by the Central and State governments.


2. Definition of Service

Under GST, "service" means anything other than goods, money, and securities. It includes transactions related to the use of money or its conversion for which a separate consideration is charged.


3. GST Rates on Services

Services are generally taxed at different GST rates based on the nature of the service.

Service Category GST Rate
Standard services (most B2B/B2C) 18%
Transport, economy restaurants 5%
Hotels (?1000–?7500) 12%
Premium restaurants 18%
Education (core services) Exempt
Healthcare (except cosmetics) Exempt

4. Time of Supply of Services

Time of supply determines when the GST liability arises.

  • If invoice is issued within 30 days of service: Earlier of:

    • Date of invoice

    • Date of payment received

  • If invoice is not issued within 30 days:

    • Date of completion of service or date of payment, whichever is earlier


5. Place of Supply

Place of supply determines the nature of the GST:

  • Same state: CGST + SGST

  • Different states: IGST

  • International transactions (imports/exports): IGST with special rules


6. Input Tax Credit (ITC)

Registered service providers can claim ITC for GST paid on inputs used to deliver taxable services, subject to conditions:

  • Must have a valid tax invoice

  • Goods/services must be used for business purposes

  • ITC not allowed for personal services, blocked credit (e.g., food, club membership)


7. Reverse Charge Mechanism (RCM)

In certain cases, the recipient of the service pays the GST instead of the service provider. Common services under RCM:

  • Legal services from individual advocates

  • Services from a Goods Transport Agency (GTA)

  • Import of services


8. Exempt and Nil-Rated Services

  • Exempt services: No GST charged (e.g., education, public healthcare)

  • Nil-rated services: GST rate is 0%, but these are rare in services


9. Registration Requirement

  • Mandatory for service providers with turnover > ?20 lakhs (?10 lakhs in special category states)

  • Voluntary registration allowed for those below threshold

  • Required for those under RCM or doing interstate supplies


10. GST Invoicing

A valid tax invoice for services must contain:

  • Supplier and recipient details (including GSTIN)

  • Invoice number and date

  • Description of services

  • Value and rate of GST

  • HSN/SAC code (Service Accounting Code)


11. GST Returns

Service providers need to file:

  • GSTR-1: Monthly/quarterly outward supply details

  • GSTR-3B: Monthly summary of GST liability and ITC

  • Annual return: GSTR-9, if applicable


12. Common Services and SAC Codes

Every service is classified under a Service Accounting Code (SAC). Example:

Service SAC Code GST Rate
IT & Software Services 998313 18%
Legal Consultancy 998221 18% (RCM)
Education (tuition fees) 999293 Exempt
Advertising services 998361 18%

Conclusion

Understanding GST on services is essential for service providers to ensure proper tax compliance and to avoid penalties. Whether you're a freelancer, agency, or a large enterprise, staying up-to-date with GST regulations helps streamline your finances and legal standing.

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Rakesh Garg Sandeep Garg Guide to GST on Services

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