This RCM u/s 9(4) has been amended w.e.f 1.02.2019 by CGST(Amendment) Act,2018. No concept of deferment prevails now. As per amended Section 9(4)/5(4), the Govt. may specify a class of registered persons who shall pay tax under RCM for specified supply of goods or services or both received from an unregistered person.
This RCM u/s 9(4) has been amended w.e.f 1.02.2019 by CGST(Amendment) Act,2018. No concept of deferment prevails now.As per amended Section 9(4)/5(4), the Govt. may specify a class of registered persons who shall pay tax under RCM for specified supply of goods or services or both received from an unregistered person.
Section 9(4) of the CGST Act 2017 has been amended by CGST (Amendment ) Act 2018. Now RCM on Purchase from Un-Registered Dealer will be applicable only of purchase of SPECIFIED GOODS and to specified persons.
For Example : REAL ESTATE Sector is a specified sector for Section 9(4) vide Notification. If Builders purchase CEMENT ( a specified Goods ) from an Unregistered Dealer, then the Recipient ( Builder ) has to pay GST @ 28% on RCM Basis. Many more goods has been specified.
In Addition to above procurement of Captial Asset by Builder from URD is under RCM .
In terms of Notifications 7/2019 CT(r) (Read with Notification 3/2019 CT(r))
promoter/developer shall procure 80% of Inputs (Goods) , jnput services from Registered person & if fails to do so then the shortfall amount needs to paid on RCM.
Note : Capital goods procurement must be 100℅ from Registerd person.