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Gst chargibility

295 views 7 replies

Dear All, 

Please help me in an issue.

There is a supplier for service in Delhi and is registered under GST law.

But the supplier is not charging GST on its supplies arguing that his total turnover is below 20 lac.

Please tell me how can I make him understand.

His chartered also suggest the same but as per the definition of taxable person in GST Law he is incorrect.

Whether receiver of service has to deposit GST under reverse charge in this case?

As reverse charge in apply in case of purchase of service from unregistered supplier.

Please help me in this issue.

Replies (7)
The supplier's contention is incorrect. He has to charge GST once he's registered in GST law. If GST is not shown separately in invoice, then total invoice amount shall be assumed inclusive of GST.
If he is registered under gst law then only he is liable for tax, rcm not applicable in this case
if once registered under gst all the provisions of this act is applicable. If he is not charging gst it is a big mistake and he will have to suffer in future. for u no issue of rcm as u are buying from reg. person. So u just go as per normal procedure and file return pay tax according to your liabilities
it should be assumed that the invoice is inclusive of tax and so not to worry
RCM won't b applicable... As he is a reg dealer. As jn ur case u shud assune dt ur invoice is inclusive of GST therefore he needs to pay faxes abd nt u.
Thanks for ur reply....I also..have the same view ... But then how can I..get input credit if...I assume invoice inclusive of...GST.... Whether I have to..add invoice in GSTR 2A?
See.. GSTR 1,2 & 3 will be filed later on. Right now for the month of July and August, u shud let the compliance of GSTR 3B get cleared off firstly by your SUPPLIER.
Convince him about the clarity dt as he is reg whether supply goes beyond ₹20 lakhs or not, he has to charge GST in his invoice and also file the return. For the correction part of GST chargeability he should use a debit note.


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