Definition 98 - Reverse Charge
Finin2min Summary - Definition in 2 Minutes
The mechanism under which the recipient, rather than the supplier, must pay GST under the specified CGST/IGST provisions. PRACTICAL EXAMPLE A notified service is supplied to a registered recipient who must discharge GST instead of the supplier. The tax is recipient-paid output liability, though it may later qualify as ITC subject to conditions.
Exact operative text
Paragraph-wise decode
The mechanism under which the recipient, rather than the supplier, must pay GST under the specified CGST/IGST provisions. PRACTICAL EXAMPLE A notified service is supplied to a registered recipient who must discharge GST instead of the supplier. The tax is recipient-paid output liability, though it may later qualify as ITC subject to conditions.
Section-Rule-Form-Notification bridge
The mapping is a legal concordance, not a round-robin related-link list. It is limited to instruments certified in this phase.
Practical example
Apply the defined term to the transaction facts before moving to the charging, valuation, credit or procedural provision.
Professional alert
Definitions do not by themselves create a tax charge, exemption, credit or filing obligation.
Implementation checklist
- Fix the transaction, taxable period and jurisdiction.
- Read every subsection, proviso, explanation and omission marker.
- Open the mapped Rule, form, notification and circular.
- Test State/UT variation and portal version.
- Preserve evidence, approvals, working papers and acknowledgements.
- Record the conclusion, assumptions, source date and reviewer.
Evidence and retention checklist
- Contract, purchase order, invoice or underlying transaction document.
- Registration, return, ledger, challan and portal acknowledgement.
- Official Act/Rule/notification version used and effective date.
- Internal tax position paper, computation and management approval.
- Correspondence, notices, replies, orders and appeal papers where applicable.
Practical Q&A
- What does definition 98 regulate?
- It regulates reverse charge. Read the exact text, conditions, exceptions and transaction date together.
- Which subordinate law should be checked?
- No direct CGST Rule has been certified in this phase. Notifications, circulars, forms and the corresponding SGST/UTGST layer may also apply.
- What evidence should be retained?
- Preserve the contract or transaction record, invoice or form, portal acknowledgement, payment/ledger evidence, correspondence, legal working and the official source version used.
- Can portal behaviour override the statute?
- No. Portal functionality is operational evidence; legal entitlement and liability remain controlled by the Act, Rules, notifications and binding decisions.