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CMA Intermediate · Direct and Indirect Taxation

Charge of Tax including Reverse Charge for CMA Inter

Charge of tax is the rule on who pays GST and when the levy applies. Under Section 9, GST is levied on intra-state supplies and normally paid by the supplier. Under reverse charge, notified supplies make the recipient pay. Solve questions by identifying the supply, checking if it is notified, naming the payer, then computing tax.

What this chapter covers

This chapter answers one basic question: who pays GST, and on what supply? Section 9 of the CGST Act is the charging section. It levies tax on the intra-state supply of goods, services or both, on the value determined under Section 15, at rates notified on the Council's recommendation. Alcoholic liquor for human consumption is outside GST. Certain petroleum products (petroleum crude, high speed diesel, motor spirit, natural gas and aviation turbine fuel) attract GST only from a date notified by the Government on the recommendation of the GST Council. The inter-state equivalent sits in the IGST Act.

The chapter then covers the cases where the normal rule changes. Under the composition levy (Section 10), eligible small taxpayers pay tax at a flat percentage of turnover instead of the normal method. Under reverse charge, the recipient and not the supplier pays tax on notified supplies. Section 9(3) deals with notified categories of goods or services. Section 9(4), as currently in force, applies to notified categories of supply of goods or services received by a notified class of registered persons from unregistered suppliers. The wording of Section 9(4) has changed over time: the form before 2019 and the form from 2019 to 2024 were different, so always apply the version now in force.

Section 9(5) is a separate rule. It lets the Government notify categories of services on which the e-commerce operator is liable to pay tax as if it were the supplier. This is a shift of liability to the operator. It is not reverse charge by a recipient, and the operator is not treated as the recipient under Section 9(3) or 9(4).

The chapter ends with Section 82, which makes tax dues a first charge on the property of the person liable, save as the Insolvency and Bankruptcy Code provides.

This chapter is the base for the rest of the indirect tax part. Time of supply, value of supply, input tax credit and registration all depend on knowing who the liable person is. If you get the payer wrong, your whole computation of output tax and credit goes wrong. Treat this as the chapter that sets up the others.

Charge of tax questions are easy to score once the rules are clear, because most of them are decided by a single test: is the supply notified for reverse charge, and who is the liable person. MCQs often test this with short fact patterns. Written questions often hide a reverse charge item inside a longer tax liability computation, where missing it costs step marks. The chapter is short and rule-based, so a few focused hours give a solid return. It also protects marks in later chapters, since the same payer logic feeds ITC and return questions.

Charge of Tax including Reverse Charge: topics in the order to study them

  1. 1Levy and Collection of GST under Section 9Start with the charging section, because every other topic is an exception or an addition to it.
  2. 2Tax on Specified Goods and Composition LevyNext learn the carve-outs from the normal levy, so you know what is outside it or taxed differently before meeting reverse charge.
  3. 3Reverse Charge Mechanism under Section 9(3) and 9(4)This is the core of the chapter and its most tested part, so study it once the normal payer rule is firm.
  4. 4Tax Liability of E-commerce Operators under Section 9(5)This is a separate shift of liability to the operator, not reverse charge, so learn it after the main RCM rules to keep the two apart.
  5. 5Tax to be First Charge on Property under Section 82This is a short recovery-protection rule, easiest to learn last as a quick closing topic.

How to prepare Charge of Tax including Reverse Charge

Study this chapter as a decision process, not as a list of sections. Your aim is to answer 'who pays, and why' for any fact pattern.

  1. Read Section 9(1) and 9(2) in plain words. Write down what is taxed, what is excluded and what is deferred, and learn it as a short list.
  2. Learn the composition levy conditions together with its consequences. Note that a composition taxpayer issues a bill of supply, cannot collect tax from the buyer, and still pays tax under reverse charge where it applies.
  3. For reverse charge, build a two-column table: notified supply on the left, who pays on the right. Take the actual list from the latest notifications in your study material, and do not rely on memory of old lists.
  4. Practise fact patterns by asking four questions in order: Is it a supply? Is it intra-state? Is it notified for reverse charge under Section 9(3) or 9(4), or for e-commerce operator liability under Section 9(5)? Who is therefore the liable person?
  5. Write every computation in a clean format: value of supply, tax rate, tax payable, and then who pays it, forward charge, reverse charge or operator liability. Show each step so you earn step marks even if one figure is wrong.
  6. Attempt MCQs in timed sets. Since there is no negative marking, always answer, but eliminate options that name the wrong payer first.
  7. Finish with Section 82 and a one-page revision sheet of exceptions, so you can recall them on the last day.

Common mistakes in Charge of Tax including Reverse Charge

  • Applying reverse charge to every purchase from an unregistered supplier.

    Fix: Apply Section 9(4) only to notified categories of supply received by a notified class of registered persons. If the fact pattern does not match the notification, normal charge rules apply.

  • Naming the supplier as the person liable on a reverse charge supply.

    Fix: Ask 'is this supply notified?' before anything else. If yes, state clearly that the recipient pays and is treated as the person liable.

  • Treating the e-commerce operator under Section 9(5) as a recipient paying under reverse charge.

    Fix: Remember that under Section 9(5) the operator pays tax as if it were the supplier on notified services. It is a separate liability shift, not Section 9(3) or 9(4).

  • Letting a composition taxpayer collect tax on invoices or ignoring its reverse charge liability.

    Fix: Remember the pair: no tax collected from buyers and a bill of supply, but reverse charge liability stays.

  • Treating all petroleum products as taxable or all as outside GST.

    Fix: Learn the five specified petroleum products by name and note that GST applies on them from a date notified by the Government on the GST Council's recommendation. Do not confuse them with other goods.

  • Using old or half-remembered reverse charge lists.

    Fix: Revise from your latest study material and notifications, and write the supply and payer pair in your own table.

  • Stating Section 82 as overriding every law.

    Fix: Always add the condition: the first charge applies on the property of the person liable, save as otherwise provided in the Insolvency and Bankruptcy Code.

Last-day revision: Charge of Tax including Reverse Charge

  • Section 9(1) levies GST on intra-state supply of goods, services or both, on value under Section 15, at notified rates.
  • Alcoholic liquor for human consumption is outside GST.
  • Petroleum crude, high speed diesel, motor spirit, natural gas and aviation turbine fuel attract GST from a date notified by the Government on the recommendation of the GST Council.
  • Under normal charge, the supplier pays; under reverse charge, the recipient pays.
  • Section 9(3) applies to notified categories of goods or services, and the recipient is treated as the person liable.
  • Section 9(4), as currently in force, applies to notified categories of supply of goods or services received by a notified class of registered persons from unregistered suppliers. Its wording changed over time, so use the version now in force.
  • The composition levy is under Section 10, and the taxpayer pays at a flat rate on turnover and issues a bill of supply, not a tax invoice.
  • A composition taxpayer cannot collect tax from the recipient but must pay tax on reverse charge supplies.
  • Under Section 9(5), for notified services, the e-commerce operator is liable to pay tax as if it were the supplier. This is not reverse charge by a recipient.
  • Reverse charge applies only where the supply is notified, so always check the notification before shifting liability.
  • Section 82 makes tax, interest and penalty dues a first charge on the property of the person liable, save as the Insolvency and Bankruptcy Code provides.
  • Write the payer's name in every answer, because the liable person decides the later ITC treatment.

Charge of Tax including Reverse Charge practice questions

Charge of Tax including Reverse Charge in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Charge of Tax including Reverse Charge: frequently asked questions

What is the difference between forward charge and reverse charge in GST?

Under forward charge, the supplier collects and pays GST. Under reverse charge, the recipient pays GST on notified supplies and is treated as the person liable. The supply and the tax rate stay the same; only the payer changes.

Is Section 9(4) applicable to all purchases from unregistered suppliers?

No. As currently in force, it applies only to notified categories of supply of goods or services received by a notified class of registered persons from unregistered suppliers. Its wording has changed over time, so check the current notification before applying it in an answer.

Is an e-commerce operator's liability under Section 9(5) a reverse charge?

No. Under Section 9(5), the Government can notify services on which the e-commerce operator is liable to pay tax as if it were the supplier. It is a separate shift of liability, not reverse charge by a recipient under Section 9(3) or 9(4).

Is composition levy covered in this chapter?

Yes. Composition levy is under Section 10 and is studied here as an alternative to the normal levy for eligible small taxpayers. Learn its conditions together with its restrictions, such as no tax collection from buyers.

How should I write a reverse charge answer in the exam?

First state that the supply is notified and name the recipient as the liable person. Then show the value, the rate and the tax payable in a clean layout. Close with a one-line conclusion on who pays, so the examiner can see each step.

How much time should I give this chapter?

It is a compact chapter, so a few focused sessions are usually enough. Spend most of the time on reverse charge fact patterns and MCQ practice, since that is where students lose marks.