Invoicing under rcm

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Rakesh Mishra

Rakesh Mishra (Querist)
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29 July 2017 Invoice has to be issued in case of "Purchase from unregistered dealer" only ? or in all cases of RCM ?

CA Rashmi Gandhi

CA Rashmi Gandhi (Expert)
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29 July 2017 In all cases of RCM.

Rakesh Mishra

Rakesh Mishra (Querist)
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29 July 2017 Can you please cite relevant clause / section ? I couldn't find in act or rules.
It is clearly mentioned about purchase from unregistered dealers that one has to pay the tax on RCM and raise the Invoice but in case of RCM, I couldn't find any thing.

CA Rashmi Gandhi

CA Rashmi Gandhi (Expert)
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29 July 2017 Check it in Invoice Rules & Provisions.

Rakesh Mishra

Rakesh Mishra (Querist)
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01 August 2017 @CA Rashmi Gandhi, Mam, clause (f) of subsection (3) of section 31 reads as - "a registered person who is liable to pay tax under sub-section (3) or
sub-section (4) of section 9 shall issue an invoice in respect of goods or services or
both received by him from the supplier who is not registered on the date of receipt of
goods or services or both;

CA Rashmi Gandhi

CA Rashmi Gandhi (Expert)
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01 August 2017 There are two sections of RCM i.e.9(3) &9(4)...…... Both are covered in clause f of Sec 31(3). So you have to pay tax on all cases.

Rakesh Mishra

Rakesh Mishra (Querist)
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02 August 2017 Paying tax is ok, there is no issue about paying tax, the issue is - whether to issue Invoice or not

CA Rashmi Gandhi

CA Rashmi Gandhi (Expert)
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02 August 2017 Yes you have to issue invoice on self.....

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