Remember RCM U/s 9(4) has been suspended up to 31/03/2018 by Notification No. 38 date 13/10/2017 i.e. w.e.f 13/10/2017 it means for GSTR3B for Sep 2017 will be included and payable RCM u/s 9(4) and purchases from unregistered persons 1/10/2017 to 12/10/2017 will attract RCM & will have to pay and to be included in GSTR3B of Oct 2017 which will be filed up to 20/11/2017.
 
Let us refresh section 9(4) of CGST Act, 2017 here:
 
9(4) The central tax in respect of the supply of taxable goods or services or both by a supplier, who is not registered, to a registered person shall be paid by such person on reverse charge basis as the recipient and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both.
 
Then in Notification No. 8/2017 date 28/06/2017 following para was given relax only aggregate up to Rs. 5000/- purchases.
 
But this ceiling of Rs. 5000/- has been done away and now up to any purchases of any amount is suspended w.e.f. 13/10/2017 up to 31/03/2018.
 
Note: Effective date of applicability of notification no. 38/2017 has also been clarified by TWEET of GSTN i.e. w.e.f. 13/10/2017.
 
In Notification No. 8/2017 date 28/06/2017 has cleared the applicability of following clause if w.e.f. 1/7/2017:
“Provided that the said exemption shall not be applicable where the aggregate value of such supplies of goods or service or both received by a registered person from any or all the suppliers, who is or are not registered, exceeds five thousand rupees in a day.”
2. This notification shall come into force with effect from the 1st day of July, 2017.
Now in Notification No. 38/2017 following line added:
“In the said notification, the proviso under Paragraph 1 shall be omitted”
Therefore some confusion in industry is RCM exempted since 1/7/2017 and up to 31/03/2018 due to 2nd para of notification & it has simply “REMOVED” para below 1st para of Notification No. 08/2017, but now it is clear w.e.f. 13/10/2017 Notification is applicable.
Thanks & I hope it is useful.

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Qualification: CA in Practice
Company: RAJIV NIGAM & ASSOCIATES
Location: NEW DELHI AND NOIDA, New Delhi, IN
Member Since: 17 Jul 2017 | Total Posts: 26
RUNNING RAJIV NIGAM FCA PRACTISING FIRM FOR DIRECT & INDIRECT TAXATION & VIRTUAL CFO FOR START UPS View Full Profile

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