Ad-Free CAclubindia and daily updates on your mobile. Subscribe Now!

Reverse charge

11 November 2020

a person registered as work contract in gst take contract from gram panchayat for a room.
he purchased material from urd such as
Mattel door and wooden door
bricks cement and other building materials.
so he is liable to pay gst on reverse charge basis or not
pls let me know

Reply
Follow
Share

8 Replies

Saicharan Reddy (Student) (37 Points)
Replied 11 November 2020

No, reverse charge is applicable only to specificed registered persons only.
As of now only "PROMOTER" is specified by government

1 Like

Upgrade to CAclubindia Pro. Subscribe Now!

Shivam RC (Student) (23683 Points)
Replied 11 November 2020

He is liable to pay GST under RCM method...

Section 9(4) of the CGST Act 2017 i.e. RCM on Purchase from Unregistered Dealer is now applicable only on "Specified Goods or Services" procured by "Specified Persons". This change has been made vide the CGST Amendment Act 2018.

As of now only transactions related to "REAL ESTATE SECTOR" is notified. Developer / Promoter is a notified person for RCM U/s 9(4) of the CGST Act 2017. For example if a Promoter / Developer purchases Cement from Unregistered Dealer, then the developer is required to pay tax @ 28% under RCM.

1 Like

Tarun Kumar (114 Points)
Replied 11 November 2020

@ Shivam RC he has to pay rcm on cement only

ayusmita (Tax consultant) (5885 Points)
Replied 12 November 2020

First any activity of panchayat is not attract gst as per central government

1 Like

debora M (BUSINESS DEVELOPMENT MANAGER) (1697 Points)
Replied 12 November 2020

yes, he is liable to pay gst on reverse charge basis

1 Like

Upgrade to CAclubindia Pro. Subscribe Now!

Shivam RC (Student) (23683 Points)
Replied 14 November 2020

@ Tarun Kumar Sir, 80% of the Inputs must be procured from Registered Dealer, failing which you have to pay tax under RCM @ 18%. And as far as Cement is concerned, if you purchase it from URD, then you have to pay GST @ 28% under RCM basis. Note that for cement, no 80% limit is considered. Full Cement needs to be procured from a Registered Person failing which you have to pay GST under RCM method.

1 Like