Introduction:- With the introduction of GST, a new provision is introduced which is not there is any of the earlier tax laws. As per the new law, in case one registered person receive any goods or services or both, which is taxable, from the unregistered person , registered person shall be required to pay tax and all the other liabilities like issue of invoice, filing return, assessment of the same shall be the responsibility of the recipient/registered person.
As per section 9(4) of the CGST Act , 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.
Important Component
There are following elements which need to be present to trigger this section:-
- There should be supply.
- Supply should be in respect of taxable goods or services or both.
- Supply must be by unregistered person.
- Supply must be to registered person.
Analysis
1. If the transaction is not covered under the definition of supply, this section won’t be applicable.
Examples:-
a) Sale of Land from unregistered person or agriculturist to ABC Ltd. who is registered in GST:-Sale of Land is not considered as supply so the provision of 9(4) is not applicable.
b) Sale of Alcohol from unregistered person to registered to registered person:- Not supply since the alcohol is kept out of the preview of GST so the provision of 9(4) is not applicable.
2.If the supply involved exempt goods or services or both this section won’t be applicable.
Examples:-
a) A registered person hire auto rickshaw for commuting from one place to another:- Section 9(4) won’t be applicable since transportation of passenger by auto rickshaw is exempted services.
b) A registered person stay in a hotel whose room tariff is less than Rs. 1,000/-:- Section 9(4) won’t be applicable since services by a hotel having declared tariff less than Rs. 1,000/- per day is an exempt service.
3.The Section is applicable to intra state taxable supplies only. As per section 24, in case of inter-state taxable supply, registration is mandatory without any turnover limit. So there could not be any taxable supply between the two states.
4.Supplier should be unregistered whether he is liable to registered or not.
5.Recipient should be registered .
Exemption to section 9(4) of CGST:- As per section 11(1) of the CGST Act, if the Government is satisfied that it is in interest of the public to exempt some goods or services or both, either fully or partly of the tax leviable thereon.
On using this power, Government has issued notification No. 8/2017- Central Tax (Rate) which shall be in force from July 1, 2017.
As per the notification, exemption shall 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, is upto five thousand rupees in a day.
Analysis
- Exemption is on intra state taxable supply.
- There is a limit of transaction value of Rs. 5,000/- per day:- means in case of supply more than Rs. 5,000/- per day, whole of such supply shall be taxable under reverse charge 9(4).
- Limit is in respect of all suppliers:- This should be noted that the limit is not respect to one supplier.
Author Bio
in the case of conveyance paid to employee Rs,2500 or stationery purchase Rs 1500 and repair & maintenance paid to ram lal Rs. 1500/- RCM Is applicable
we are having a poultry farm ,as per the act we are exempted for registration under GST, hence we are not registered, but we are getting poultry feed by way of road , by a goods transporation operator (GTO), hence this transation covered by reverse charge mechanism or not
is taking the benefit of 5000/- per day cap is mandatory to avail,we don’t want to avail the same to avoid any ambiguity,can we pay RCM for all purchase from registered or unregistered dealers.
is the mandatory RCM of transport service from registered transporter is also included in this exemption.
A director receives Remuneration of Rs.100000 per month, RCM is applicable or not
Hotel tariff @ Rs.1000 per day and a person stays 6 days and pay Rs.6000 for his staying, then will the RCM applicable for gst
if supplier is registered under gst and not charged gst in the invoice but the goods are taxable, whether recipients have to pay GST through RCM??
Sir,
As per above notification 8/2017-Central Tax. If I have paid to unregistered person Rs. 2000/- in a day for foods. then can i pay GST on RCM.
Sir,
My Question is if i made Cash Expenses in a day more than 5000 from unregistered person for the business purpose.
For e.g. 1) Clearing and Forwarding Rs.5000/-
and 2) Miscellaneous Exp Rs.6000/-
so my total Expenses is Rs.11000/-
So We have to pay in RCM on Rs.6000 only
or We have to pay of Rs.11000/-
advise us
Sir,
Service taken from unregistered person of below Rs. 5000 then its taxable or exemption.
Sir,
If we get job work bill of below 5000/- in a day then it will be under exemption or not.
What are invoice contents should be when receiving invoice from unregistered person for taxable services by registered company to pay GST on RCM concept and take credit … particularly whether GSTN number of recipient of services, purpose of supply are needs to be reflected in the service provider invoice?
sir,
we received advocate fees invoice. in this case legal service is provided in delhi and advocate is also in delhi but legal proceeding is continued for work on going in chattisgarh state. in that case can we deduct IGST for CG GSTIN No. or can we deduct CGST+SGCT for Delhi GSTIN No.. Kindly clarify
Sir, my question is: Is RCM applicable, on other services also, availed by regd. person, from unregistered person, apart from (12) services mentioned in RCM?
Can a person registered under composition scheme can avail the benefit of limit of ₹5000 for not paying tax under RCM for purchase or supply from unregistered person.
We (registered) provide taxi services by taking taxis from other registered or unregistered persons to our customers. My queries are:
1. If we pay RCM @ 5% (no ITC in cab service) and charge from end customers then will we get RCM credit ?
2. If we have to pay RCM @5% but will not get ITC then we have to charge 5% from end customers also, won’t there be double taxation ?
Pls revert asap
Thank you
Sir, my question is: Is RCM applicable, on other services also, availed by regd. person, from unregistered person, apart from (12) services mentioned in RCM?
Notification 8/2017-Central Tax is about limits for composition levy. Please give us the correct notification number for the 5000 rupee exemption for purchases from unregistered vendors.
we are unregistered security personnel deputed persons to registered concern. shall we comes under reverse charges regime and if so how much we have to charge in bill?
Can a registered dealer avail the adjustment with output GST against reverse mechanism credit when he paid such tax in case of purchase or Service from unregistered dealer against his sale or service tax arise as output tax.
Reverse Charge is applicable only on Services. There is no goods listed till date towards RCM.
Also please note RCM is not new in purchase of Goods.
RCM was there in VAT regime. For Example – purchase of Sugarcan (I am talking about Tamilnadu VAT)
Sir,
In case registered person take gta service below RS 5000/- per day, then this notification will be applicable or not.