Charge of GST
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In 30 seconds
- The taxable event is supply: intra-State supplies attract CGST + SGST/UTGST, inter-State supplies attract IGST — capped at 20% CGST and 40% IGST.
- Alcoholic liquor for human consumption (and un-denatured ENA/rectified spirit for its manufacture) is outside GST; five petroleum products are deferred to a date to be notified.
- Forward charge is the default. Sec 9(3) shifts liability on notified supplies, 9(4) on unregistered-to-specified-registered supplies, and 9(5) makes the e-commerce operator pay on five notified services — only ONE mechanism applies per supply.
- Goods are classified by 8-digit HSN, services under the Scheme of Classification of Services (Chapter 99), feeding the CGST rate slabs.
- Section 10 composition: goods + restaurant at 1%/5%/1% up to ₹1.5 crore under 10(1)/(2); other services at 6% up to ₹50 lakh under 10(2A).
Based on GST law as on 30.04.2025 (May 2026 exams onwards). Section numbers are CGST Act unless stated.
How the chapter fits together
This chapter answers three questions for every supply: is tax leviable, who pays it, and at what rate? Learn it as the mnemonic LEVY → RCM/ECO → RATE → COMPOSE:
- LEVY — taxable event is supply: intra-State → CGST + SGST/UTGST; inter-State → IGST. Charge: Sec 9(1) CGST / Sec 5(1) IGST, max 20% CGST / 40% IGST →
- RCM/ECO — who pays: FCM default; Sec 9(3)/5(3) notified supplies; Sec 9(4)/5(4) unregistered supplier → specified registered recipient; Sec 9(5)/5(5) e-commerce operator pays on 5 notified services →
- RATE — classify (HSN for goods, Scheme of Classification of Services for services), then apply the slab →
- COMPOSE — Sec 10 composition: 10(1)/(2) goods + restaurant (1%/5%/1%, ≤₹1.5 crore); 10(2A) services (6%, ≤₹50 lakh).
Golden rule: FCM is the default → RCM 9(3) = notified supply · RCM 9(4) = unregistered → specified registered · ECO 9(5) = platform pays. Only ONE mechanism applies per supply.
Scope note: import/export provisions are not examinable at Intermediate level (Final-level topic).
Levy, extent and rates — Sections 9 and 5
Extent (Sec 1): CGST and IGST extend to the whole of India. UTGST applies only in UTs without a Legislature; each State (and UT with a Legislature) has its own SGST Act.
Charge: Sec 9(1) CGST levies tax on intra-State supplies at a rate not exceeding 20% CGST; Sec 5(1) IGST levies tax on inter-State supplies at not exceeding 40% IGST (= CGST + SGST). Both exclude alcoholic liquor for human consumption and un-denatured ENA/rectified spirit used for manufacture of such liquor — these are outside the charging section itself (non-taxable).
Deferred levy (Sec 9(2)/5(2)): five petroleum products — crude, high speed diesel, motor spirit (petrol), natural gas, ATF — will be taxed only from a date to be notified.
| Classification | CGST rate slabs | |
|---|---|---|
| Goods | HSN — 8-digit in India | 0.125% · 1.5% · 2.5% · 6% · 9% · 14% |
| Services | Scheme of Classification of Services (Ch. 99) | 0.75% · 2.5% · 3.75% · 6% · 9% · 14% |
Goods vs services [Sec 2(52), 2(102)]
Goods = movable property, excluding money and securities but including actionable claims and growing crops/grass agreed to be severed. Services = the residuary — anything other than goods, money and securities, including money-conversion (if separately charged) and facilitating securities transactions.
The definition traps examiners love:
| Term | Crisp meaning | Trap / keyword |
|---|---|---|
| Business [2(17)] | Inclusive — trade/commerce/profession etc. | Pecuniary benefit NOT necessary; one-off transaction covered; closure of business covered |
| Consideration [2(31)] | Payment/monetary value of act, by recipient or any other person | Excludes Govt subsidy; deposit ≠ consideration unless applied |
| Recipient [2(93)] | Person LIABLE to pay consideration (not necessarily who pays) | No consideration: goods → to whom delivered; services → to whom rendered |
| Supplier [2(105)] | Person supplying, including agent | Deeming fiction: platform arranging specified actionable claims = supplier |
| Taxable person [2(107)] | Registered OR liable to be registered u/s 22/24 | Unregistered-but-liable is still a taxable person |
| State [2(103)] | Includes UT WITH Legislature | Delhi, Puducherry, J&K |
| Union territory [2(114)] | UT WITHOUT Legislature | A&N Islands, Lakshadweep, DNH&DD, Ladakh, Chandigarh, other territory — each a separate UT |
| India [2(56)] | Territory + territorial waters + seabed + continental shelf + EEZ + airspace | TW = 12 NM · contiguous = 24 NM · EEZ = 200 NM |
Reverse charge — Sections 9(3) and 9(4)
Reverse charge [Sec 2(98)]
The recipient is liable to pay tax instead of the supplier. It covers both Sec 9(3)/5(3) (Govt-notified goods/services, any supplier) and Sec 9(4)/5(4) (unregistered supplier → specified registered recipient) — not just 9(3).
The 16 core RCM service entries under Notification 13/2017 CT(R), plus entries 5A/5AA/5AB/9A:
| # | Service | Supplier | Recipient (liable) |
|---|---|---|---|
| 1 | GTA (road transport) | GTA | Factory · society · co-op · registered person · body corporate · partnership (incl. AOP) · CTP — NOT if GTA opts FCM, or recipient is a Govt dept registered only for TDS |
| 2 | Legal services | Advocate/firm | Business entity |
| 3 | Arbitral tribunal | Tribunal | Business entity |
| 4 | Sponsorship | Any person other than body corporate | Body corporate / partnership firm |
| 5 | Govt/local authority services (excl. renting immovable property, Posts, Railways, port/airport aircraft-vessel services, goods/passenger transport) | Govt / local authority | Business entity |
| 5A | Renting immovable property by Govt (excl. Railways) | Govt / local authority | Registered person |
| 5AA | Renting residential dwelling | Any person | Registered person |
| 5AB | Renting immovable property (other than residential) | Unregistered person | Registered person (NOT composition) |
| 6 | Director services to company | Director | Company / body corporate |
| 7 | Insurance agent | Agent | Insurance business person |
| 8 | Recovery agent | Agent | Bank / FI / NBFC |
| 9 | Copyright (music/art) | Composer / photographer / artist | Music company / producer |
| 9A | Copyright (literary/author) | Author | Publisher (author may opt FCM) |
| 10 | Overseeing Committee members | Members | RBI |
| 11 | DSA (individual) | Individual DSA | Bank / NBFC |
| 12 | Business facilitator | Facilitator | Banking company |
| 13 | Agent of business correspondent | Agent | Business correspondent |
| 14 | Security services (personnel) | Non-body-corporate | Registered person (not composition) |
| 15 | Renting motor vehicle (fuel incl.) | Non-body-corporate (no 6% invoice) | Body corporate |
| 16 | Securities lending (SEBI scheme) | Lender | Borrower |
Memorise the supplier → recipient direction of all 16 entries. Body-corporate status flips liability — sponsorship, motor vehicle renting and security services all hinge on the supplier NOT being a body corporate.
The two rate-linked entries in detail:
- GTA: 5% (no ITC — RCM unless GTA opts FCM) or 12% (FCM, full ITC). RCM applies only when the recipient is a specified recipient (factory/society/co-op/registered person/body corporate/partnership/CTP); supplies to others are exempt (not taxed at all).
- Renting of motor vehicle: 5% non-body-corp → body-corp = RCM; 5% non-body-corp → non-body-corp = FCM; 12% (any supplier opts) = always FCM.
Two clarifications: DDA is NOT a “local authority” [Circular 245/02/2025] — the Govt/local-authority RCM entry does not apply to it. An LLP counts as a “partnership firm” for RCM purposes (LLP Act, 2008).
RCM goods (knowledge only, NOT examinable): cashewnuts (unshelled) · tendu/bidi leaves · tobacco leaves · raw cotton (agriculturist → registered) · lottery (State/UT/local authority → distributor) · silk yarn · used vehicles · seized/confiscated goods · old/used goods · waste & scrap (Govt → registered) · Priority Sector Lending Certificate.
Real estate (knowledge only): 1% (affordable) / 5% (other) without ITC; 80% of inputs must come from registered persons — shortfall taxed under RCM @18% u/s 9(4); cement from unregistered → RCM @28%; capital goods → RCM.
E-commerce operator pays — Section 9(5)
Electronic commerce operator [Sec 2(45)]
A person who owns, operates or manages a digital/electronic platform for e-commerce [supply over a digital network, incl. digital products — Sec 2(44)]. The ECO need not itself supply anything.
For five notified services (never goods), the ECO — not the actual supplier — is liable to pay the tax:
| Service through ECO | ECO pays, EXCEPT when |
|---|---|
| (a) Radio-taxi / motorcab / maxicab / motorcycle / other vehicle (excl. omnibus) | — |
| (b) Omnibus | Supplier is a company → the company pays |
| (c) Hotel / accommodation | Supplier is liable to register u/s 22(1) |
| (d) Housekeeping | Supplier is liable to register u/s 22(1) |
| (e) Restaurant service | Supplied at “specified premises” (tariff above ₹7,500/unit/day) |
Two provisos to Sec 9(5): an ECO with no physical presence in the taxable territory pays through its representative; if it has no representative, it must appoint a person to pay.
Composition levy — Section 10
Aggregate turnover vs turnover in State/UT [Sec 2(6), 2(112)]
Aggregate turnover = all-India, PAN-wise: taxable + exempt + export + inter-State supplies, excluding RCM inward supplies and taxes/cess — it tests ELIGIBILITY. Turnover in State/UT = the State-specific figure — it is the base for TAX PAYABLE under composition.
Exempt vs non-taxable supply [Sec 2(47), 2(79)]
Exempt supply = nil-rated or wholly exempt u/s 11 CGST / 6 IGST, and it INCLUDES non-taxable supply — the broader term. Non-taxable supply = not leviable to tax at all (e.g. alcohol) — outside the charging section itself, ≠ exempt-by-notification.
| Sec 10(1) & 10(2) | Sec 10(2A) | |
|---|---|---|
| Who | Goods + restaurant service | Services — for those NOT eligible u/s 10(1) |
| Threshold (preceding FY) | ₹1.5 crore; ₹75 lakh for 8 Special Category States (Arunachal Pradesh, Uttarakhand, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura); Assam/HP/J&K retain ₹1.5 crore | ₹50 lakh flat |
| Effective rates (CGST+SGST) | Manufacturer 1% (½+½) · Restaurant 5% (2½+2½) · Other traders 1% (½+½, only on taxable turnover) | 6% (3+3) |
| Marginal services | Non-restaurant services up to the higher of 10% of State/UT turnover (preceding FY) OR ₹5 lakh | No marginal-services carve-out |
Who cannot opt [10(2)]:
- Supplier of goods/services not leviable to GST.
- Maker of inter-State OUTWARD supplies — inter-State inward procurement is no bar.
- Supplier of services through an ECO liable to collect TCS (Sec 52).
- Manufacturer of notified goods — ice cream, pan masala, tobacco, aerated water, fly ash bricks, building bricks, roofing tiles etc.
- CTP or NRTP.
- Exclusive supplier of services — save the marginal-services exception. For 10(2A): same list minus the marginal-service carve-out, plus notified services are also barred.
Same-PAN rule: ALL registrations under one PAN must opt together — no mixing.
Operation and exit: the option lapses automatically from the very day turnover crosses the limit [10(3)] — no SCN needed for the lapse. A composition dealer collects no tax and takes no ITC, issuing a Bill of Supply only [10(4)]. Wrongful availment despite ineligibility → tax recovery + penalty under Sec 73/74 (up to FY 2023-24) or Sec 74A (FY 2024-25 onwards), mutatis mutandis [10(5)] — no separate fixed penalty figure in this chapter.
| Rule | What it says |
|---|---|
| Rules 3, 4 | Intimation: REG-01 (new registrant) / before commencement of FY (existing); Rule 44(4) statement within 60 days of FY start |
| Rule 5 | Conditions: pay RCM on inward supplies; not a CTP/NRTP; signboard + bill wording mandatory |
| Rule 6 | Withdrawal intimation within 7 days of ceasing eligibility; SCN before denial; stock statement within 30 days |
| Rule 7 | CGST component: ½% / 2½% / ½% for 10(1); 3% for 10(2A) |
Compliance rhythm: quarterly tax payment via Form GST CMP-08, plus an annual composition return.
Key timelines
| Period | Event | Where |
|---|---|---|
| Before commencement of FY | Intimation to opt composition (existing registrant) | Rule 3 |
| Within 60 days of FY start | Statement under Rule 44(4) | Rule 4 |
| Within 7 days of ceasing eligibility | Intimation for withdrawal | Rule 6 |
| Within 30 days of withdrawal/denial | Stock statement (inputs/semi-finished/finished) | Rule 6 |
| Immediately on crossing the limit | Composition option lapses from that very day | Sec 10(3) |
| Quarterly | Tax payment via Form GST CMP-08 | Rule 7-related |
| Annually | Composition return | — |
| From a date to be notified | Levy on the 5 petroleum products | Sec 9(2)/5(2) |
- Reading “reverse charge” [2(98)] as only Sec 9(3) — the definition covers both 9(3)/5(3) and 9(4)/5(4).
- Mixing up 9(3) and 9(4): 9(3) = Govt-notified goods/services from any supplier; 9(4) = only unregistered supplier → specified registered recipient.
- Calling Sec 9(5) “RCM” — under 9(5) the ECO itself is deemed supplier and liable, not the recipient.
- Testing composition tax payable on aggregate turnover — aggregate turnover [2(6)] decides eligibility; turnover in State/UT [2(112)] is the base for tax payable.
- Equating exempt with non-taxable — exempt is wider and includes non-taxable; an exempt-by-notification supplier can still opt composition, a non-leviable supplier cannot.
- Confusing renting of a motor vehicle (vehicle at recipient’s disposal for a period — RCM if non-body-corp → body-corp) with passenger transport (fixed route/schedule journeys — NOT RCM).
- Taxing a director’s salary — the employee part (Salary + 192 TDS) is not taxable (Schedule III); only professional fees (194J TDS) are taxable, under RCM.
- Barring composition dealers from inter-State purchases — only inter-State outward supplies are barred; inward procurement is fine.
Quick revision cards
Effective composition rates (CGST+SGST)?
Composition turnover thresholds?
Marginal services allowed under 10(1)?
GTA rate options?
Renting motor vehicle — who pays?
Five Sec 9(5) ECO services?
Maximum rate caps?
Five deferred petroleum products?
What is outside GST altogether?
Composition compliance in one line?
Is DDA a local authority for RCM?
LLP status under RCM entries?