Rescinds notification No. 8/2017-Central Tax (Rate) dated 28.06.2017 in view of bringing into effect the amendments (regarding RCM on supplies by unregistered persons) in the GST Acts. W.e.f 01.02.2019, section 9(4) to be applicable only for specified class of registered persons; Original section omitted for trade facilitation and substituted with amended section. The class of persons to whom section 9(4) applicable yet to be notified
Seeks to rescind notification No. 8/2017-Central Tax (Rate) dated 28.06.2017 in view of bringing into effect the amendments (regarding RCM on supplies by unregistered persons) in the GST Acts vide Notification No. 01/2019 – Central Tax (Rate) Dated 29th January, 2019.
Government of India
Ministry of Finance
(Department of Revenue)
[Central Board of Indirect Taxes and Customs]
Notification No. 01/2019 – Central Tax (Rate)
New Delhi, the 29th January, 2019
G.S.R. 70(E).- In exercise of the powers conferred by sub-section (1) of section 11 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 8/2017-Central Tax (Rate), dated the 28th June, 2017, published in the Gazette of India, Extraordinary, vide number G.S.R. 680 (E), dated the 28th June, 2017, except as respects things done or omitted to be done before such rescission.
2. This notification shall come into force with effect from the 1st day of February, 2019.
[F.No.20/06/16/2018-GST (Pt. II)]
(Gunjan Kumar Verma)
Under Secretary to the Government of India
Note: – The principal notification No. 8/2017- Central Tax (Rate), dated the 28th June, 2017, was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 680 (E), dated the 28th June, 2017 and was last amended vide notification No. 22/2018-Central Tax (Rate), dated the 6th August, 2018, published vide number G.S.R. 743 (E), dated the 6th August, 2018.
Sir i am purchases from un registerd dealer for Rs.10 laks to Rs.15 laks product of polyster cloth (hsn code 5407) so, we are payable RCM or not please clarify
I didn’t get any notification no.01/2019 dated 29/01/2019 on http://www.gstcouncil.gov.in/cgst-tax-notifications?page=14 under section 9(4) of cgst act 2017
RCM is Applicable on Commission from 1st Feb 2019 ?
Thus the RCM on purchases of Cashew from unregistered dealers in still remaining or have been withdrawn w.e.f 01.02.2019. Please help…!!!
if rent is paid to un registeted person is RCM is applicable w.e.f 1.2.2019?
Notification 01/2019 – Central Tax is effective from 1st February 2019. Accordingly, Notfn 08/2017 dt. 28th June 2017 stands rescinded. The effect is that GST is not payable on Reverse Charge Basis. To elucidate further, Section 9(3) of CGST Act is the “Authority” and Section 9(4) is the “Charging Section.” Accordingly, the Government has the power to impose RCM but for now and precisely from 1st February, no Tax is payable for URD Purchases.
Section 9(3) of CGST Act is Empowerment and Section 9(4) of CGST Act is the “Charging Section.” Notification issued under Sec 9(4), i.e., 08/2017, is now rescinded. Accordingly, no tax is payable under the RCM
Mere reading of Notification No. 01/2019–Central Tax (Rate), Any one can conclude oh, RCM on purchase from unregistered suppliers shall have to be paid by registered dealer who purchases.
But it is not so, Why? Read it:
The notification of exemption is rescinded as it is not needed now since section 9(4) it self has been amended to the effect that there would be no RCM for purchase of goods/services unless government wants to levy by notification. This has been effected vide CGST amendment Act 2018 (31 of 2018) which is effective from 1st Feb 2019
RCM for specific goods/services under Section 9(3) remains.
While in two meetings before last it had been concluded by GST council to remove RCM under section 9(4).
Is RCM applicable on all purchases from Unregistered dealers from 01.02.2019 ??
Is RCM applicable from 01.02.2019 on all purchases from unregistered dealer??
Yes it may now applicable wef 01.02.2019
So if that notification is rescinded then whether RCM is applicable from 01.02.2019 or RCM is not applicable from 01.02.2019