REGARDING URD PURCHASE
This query is : Resolved
Suresh S. Tejwani
(Querist)
22 August 2022
Whether RCM payable on purchase from unregistered person ?
Dhirajlal Rambhia
(Expert)
22 August 2022
As per last Notification no. 12/2018- Central Tax (Rate) dated 29.06.2018 issued which further deferred the earlier notification till 30.09.2018. (i.e. to discharge his liability under reverse charge mechanism as stated under section 9(4) of the CGST Act, 2017 and section 5(4) of the IGST Act, 2017).
But after this CGST (Amendment) Act, 2018 dated 29.08.2018 has been issued which will be effective from 01.02.2019 and in this act old section 9(4) has been substituted by the new section which states that
“The Government may, on the recommendations of the Council, by notification, specify a class of registered persons who shall, in respect of supply of specified categories of goods or services or both received from an unregistered supplier, pay the tax on reverse charge basis as the recipient of such supply of goods or services or both, 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 such supply of goods or services or both.”.
Till now there is no such notification issued according to which the registered person will be liable to pay tax as per section 9(4) of the CGST (Amendment) Act, 2018., except PROMOTER.
But after this CGST (Amendment) Act, 2018 dated 29.08.2018 has been issued which will be effective from 01.02.2019 and in this act old section 9(4) has been substituted by the new section which states that
“The Government may, on the recommendations of the Council, by notification, specify a class of registered persons who shall, in respect of supply of specified categories of goods or services or both received from an unregistered supplier, pay the tax on reverse charge basis as the recipient of such supply of goods or services or both, 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 such supply of goods or services or both.”.
Till now there is no such notification issued according to which the registered person will be liable to pay tax as per section 9(4) of the CGST (Amendment) Act, 2018., except PROMOTER.
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